Summoning of witness

If she wants the salary detail of her husband, if her husband is a govt.employee then file a rti and get the detail , if her husband is a employee in private company then she can move an application in the concern court and request the court to direct the employer of the company to submit the service detail of her husband including salary detail before the court , there is no other evidence required to prove his salary , don't summoned the bank officials they can not prove his salary .

In the maintenance case, there are two stages, the first one is interim relief stage, when the court only on the basis of the pleadings and simple affidavits filed by the husband and wife indicating their incomes, source of income, bank statements and movable and immovable properties, decide the interim relief.  If wife wants and she has the knowledge of the some of the bank accounts of the husband, she can mention them in her affidavit.  Without going into deeper probe, the court going through the prima facie of the documents and pleadings available, decide the interim relief and post the case for evidence of the parties, for granting final relief.  At this stage, first, the wife has to lead the evidence.  She has to file the affidavit.  Here, she can mention all those available details of her husband's accounts.  At the same time, she has to move application "for summoning the records" of the bank (s).  You have to understand the difference between the summoning of records and summoning the witnesses.  In your case, only summoning the records is more than enough.  These applications can be filed along with your affidavits.  Once, the records (Bank account statements since its opening till date) will be brought to the court and place the photo copies of the originals on the court file while showing its originals to the court as well as opposite counsel.  In addition to this, you can move an application seeking the court to direct the husband to file the affidavit in terms of "Puneet kaur vs. Inderjeet Sawhney".  It is a judgment of Delhi High Court.  But all over the country, many courts are directing the husbands to file the affidavits in terms of this judgement, which is comprehensive and prevents the husband to give false statements about his income.  For your reference, I am attaching that judgment.

Judgment is attached.

1. At what point of time the court can summon the witness and in what manner?

immediately after producing your affidavit court will summon your husband

 

2. Whether the bank officials only need to produce particulars of accounts of husband, i.e, bank statements and FDs or their examination-in-chief / cross examination is also required? 

if it is appropirate that bank officers are required then court will summon them to produce the required documents 

 

3. When should the wife press for the execution of the summoning application, i.e. after her cross examination and before the cross examination of the husband, or after the cross examination of both.

before the cross examination 

Dear Chandrasekhar Sir,

 

Thank you for throwing light on the same and providing the judgement. It is really a great help. Now we will proceed accordingly.

 

Warm regards,

Rahul

Dear Mahesh Sir,

 

Thank you for the guidance. Your valued guidance is highly obliged. 

 

Warm regards,

Rahul

Dear Laxmi Kant Sir,

 

Thank you for mentioning the steps that may be taken to prove the salary. Your guidance is highly appreciated.

 

Warm regards,

Rahul