D (Sr.Executive) 05 January 2015

Documents asked under order 11 rule 12

Hello,

In the on-going case of maintainance, the court has ordered my wife to submit her documents regarding her salary, property & other investments so as to decide on maintainance.

I had already submitted all my relevant documents as ordered by the court, however she has only submitted documents regarding her salary.

Apart from salary income she also owns flat & has other investments which she is not submitting in court even after the order has been passed. She is giving excuses like she is not having the documents with her, certain documents the banks are not giving etc.

The court is going easy on her & keep on extending the dates from last 6 to 8 months based on excuses given by her regarding not able to submit the documents.

My question is -

1) What can be done in legal way to pressurize her to submit the documents ?

2) Can court's commissioner help be taken as the Judge is going easy on her even after order is passed & documents are not submitted ?

Thanks.

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1 Replies

FightForCause (Businessman) 05 January 2015

Hi D,

Whatever be the case....just put an application that even after court orders the other party is not complying to the same and pray for her maintenance claim dismissal. Keep giving these applications with prayer of dismissal and also adding cost in each prayer.

Also if next date she again say that documents are with Bank, just ask judge to direct her to give the same under affidavit.

IMP : If the case is at interim maintenance stage, and if by hard luck maintenance is being granted to your lovely....just remind the judge that the maintenance should not be from the date of application as delay was from your lovely side to submit the required documents and from your side you had already co-operated best. In your application mention for eg. 12 hearings/5 months have passed since Hon'ble court ordered, but applicant is just delaying the matter and trying to cover her adversaries.

Best of Luck.