How to request court for taking out financial records?

Mirage,

 

Let me ask  few question to give appropriate answer

 

1. Do you want to produce document related to you or your wife?

2. Do you have those document in your possesion ?

 

 

You can produce financial document belonging to you and your wife provided the case has not passed through evidence stage. You do not need permission of the court to produce it. You just mention all document in the document evidence form, hand over one set of document to your counter party and submit all docsl to  court.

 

More important thing is to land your hand on document  - if it is yours then it should not be a problem, if it is your wifes' you will have to apply human intelligene.

I know my 2 bank accounts, also my wife's one account. I want to get out the last nine yrs of financial records on these 3 accounts. Banks wud have them, but they wud not give them to me, without a court order. These bank records wud be sufficient to rubbish all and any of my wife's financial related allegations. I need to ask the court to take them out. Hope that helps @ onlytruth, thanks....

yes please ask theourt for direction

Thanks @ onlytruth, u r always a big help, thats on the same lines as I was thinking, asking the court for directions.... Great minds think alike... ;-)

The banks are legally bound to keep the data for last 7 years.

 

However most keep it till eternity. So with the grace of God you would get it.

 

CrPC 91 in Criminal cases can be filed

Witness Summons in Civil cases can be filed.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: Mirage, Great Minds think alike - Fools seldom differ :P (Pun Intended)

Thanks @ shonee, actually last 7 yrs wud do the trick too, as her allegations are throughout last 8-9 yrs, so last 7 yrs wud be enuf to establish the rubbish in all her financial allegations. Any hints as to how to request the court for the banking records? ..... I seldom see ppl agree here.. So dont abt fools... Hehe... But seriously u get a lot of diff viewpoints so great selection on what suits your situation best.. I am a big fan of LCI.. Thanks to guys like you.. :-)

btw CrPC 91 in Criminal cases can be filed Witness Summons in Civil cases can be file what does that mean in reference to my case? @ shonee

Mirage,

 

Yes shoonee's  ":Witness summon for civil cases"  text applies to your case.  In other words, you can request court to call bank as witness through sending summon.

 

For calling bank through summon you may have to prove to the court  that bank have material evidence relavent to your case  prima face     - you can prove that by saying that  you are maintaining bank account with so and so bank and the account contains all expense details so putting these records to court will bring out truth.

 

 

Thanks @ onlytruth, I think between shonee n u, I have the banking records covered quite well.. Thanks for all the help guys..

See buddy, DV is criminal in nature so application should be under CrPC 91 (Criminal Procedure Code Section 91)

 

However if it was a HMA 24 case, you would be required to file Witness Summons (which is as per Civil Procedure Code)

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks @ shonee .. Wat shud be the the gist of application under CrPC 91? Something like this : " blah blah .. Most respctfully showeth .. Blah blah .. I respectfully request the hon' court to instruct a,b,c bank to provide all banking details in their possession for the last 8 yrs, for x,y,z accounts, account holders of said account being held by the respondent and the complainant respectively. These banking details are crucial in ascertaining the validity of complainant's financial allegations. In the interest of truth and justice I humbly pray to hon' court to give necessary orders, instructions or directions to said banks at the earliest. Blah blah... " .... Something on these lines?? @ shonee .. Thanks buddy.. :-)

Sec 91 to call records to ascertain/ disprove her allegations

 

trust your lawyer to draft it well.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks buddy @ shonee, prob is I dont have a lawyer, i know a junior advocate in dwarka courts whom I use for all the clerical related work, i'll talk to him, maybe he can help.... Thanks for the advice tho.. Btw u seem to have a very good knowledge of the law, do u have a legal background? It says on ur profile s/w manager, wats the secret dude? ;-)

Secret is fighting my own cases for last 3 and 1/2 years. :-)

 

No one visits such forums in normal life except lawyers :-)

 

Regards,

 

Shonee kapoor

harassed.by.498a@gmail.com