Petitioner denies her bank account in which i have been depositing money regularly
Querist :
Anonymous
(Querist) 03 October 2011
This query is : Resolved
Petitioner denies her bank account in which i have been depositing money regularly…..03-10-2011
Now after 7 yrs of seperation & after giving her ultimatum that i will not meet her unless she allowed me to meet my daughter in a healthy manner, she has filed a Petition for Divorce on the grounds of Desertion & Cruelty. Filed For maintenance u/s 24 HMA to the and demanding to the tune of 20,000/- p.m for herself & daughter claiming that she is not working which is not true.
My Question : My salary 16,000/- p.m
I have been VOLUNTARILY depositing 1,500/- p.m, as daughter\'s maintenance ,since the last 8 months in her salaried account in AXIS BANK including all her arrears.
They found it as a surprise that i came to know her bank account details & now after denying her work status as unemployed under AFFIDAVIT she has further denied on Affidavit & stated that \"it cannot be ruled out that the said bank account has been opened and operated by me ( Respondent) by forging her signature.
Now i have been giving her transaction details from the said account in \'EXCEL FORMAT\' which is not an authorised bank document in the\' List of Documents\'.
Since the Petitioner is denying any knowledge or operation of the said bank account by her what is the ROAD FURTHER since she cannot be asked to furnish a document which she claims is not in her possession .
Can the HON\'BLE F. Court be convinced to issue WITNESS SUMMONS TO THE BANK ??? ON WHAT GROUNDS ???. She has now removed money in cash from the said bank account through ATM & now paying the school fees of our daughter in cash which she was paying earlier through cheque of the same account .
I somehow want the transaction statement details of the said bank account to be brought on record as it contains crucial entries & i fear if i give the statement which is in my posssession they might allege forgery on me as how can her statement be in my possession.???
May i Pray to all the finer intellects to apply their wisdom in guiding me further & and such other reliefs as ur kindself may deem fit in the facts & circumstances of my case. Eagerly awaiting ur battery of replies.
R.Ramachandran
(Expert) 03 October 2011
Do you mean to say that the said account with the Axis Bank was opened by your wife when you were together and thereby you know the bank account number?
Did you deposit the amount through Cheque or by cash?
Have you got counter foil of such deposit slips duly stamped by the Bank?
Did you intimate your wife in writing (through Registered post) that you have deposited the amount towards maintenance of the child?
Otherwise how she will know who deposited the amount in her account?
In any case, you have to produce the bank deposit slip counter foil to the court to prove that you have made payments to her regularly. You will not be able to produce her bank statement which is in your possession.
prabhakar singh
(Expert) 03 October 2011
While absolutely agreeing with Mr.Ramachandran i wish to add that as she is denying herself to have any such account ,you need to pray court to summon records of her account togather with a certified copy of ledger of her a/c and also to tell to court whose a/c is that as bank is obliged to know its customer under KYC rule.Also summon records of her ATM .
ajay sethi
(Expert) 03 October 2011
Mr Rmachandran has raised relevant queries .
when was the bank account opened by your wife?
you have stated that your wife was working as a salaried employee . if she has denied existence of account you can write to organisation where she iw working to state whehter she is employed or not with said organisation .
you can call upon the bank to produce application made by her for opening bank account in axis bank . in case she has furnished details of her PAN card , etc and duly signed application form her story will fall flat . you can make application to the court for issue of summons to bank to produce these details .
you can also call upon your wife to produce her income tax returns as the returns will reflect her annual income
Querist :
Anonymous
(Querist) 04 October 2011
Many thanks to Shri Ramachandran ji,Shri Prabhakar Singhi ji, Shri Ajay Sethi ji.
1.) The Said Axis Bank account was opened by wife or may b it is a salaried account since she opened the account since she started working in June-2006. Petitioner filed interim Application for Maintenance in the month of july-2010.
I say that somebody dropped pages of Excel sheet(not a bank document but is correct & verified from other sources) in my residence in the month of January -2011 containing details of her Axis Bank credit debit transactions...( Say Exh-1)
2.) Copy of Counter foil of deposit slips of Cash and Cheque deposit( duly stamped by bank) made in the month of February-2011...( Say Exh-2) towards Maintenance of my Daughter subbmitted in the List of Documents-Anexxure along with Reply to her Interim Maintenance Application in the Month of March-2011 mentioning the details of cheque and cash deposits in the reply in writing.Is this not correct mode of intimation ??? Though i have not taken any Receipt from them or acknowledgement of the same.
3.) How Can i directly correspond with her office will it not b interference & is her office bound to respond to me
4.) I desperately want the Bank statements to come on record . I desperately want the Courts to order Witness Summons to her Bank as well as her office if posible.Because only with the Documentary evidence can i file for Perjury.
Also my lawyer is not taking much interest & i have a hearing on my next date.
Can u gentlemen guide me how to convince the Court to do the needful before taking a hearing on interim maintenance ???
Other Party has denied to produce documents saying " the respondent under Order 11 Rule 15 of CPC cannot travel beyond the Ambit of O.11 R.15 of CPC with regard to production of Documents.'" Also submitting on Affidavit that "it cannot be ruled out that the alleged account might have been opened by the Respondent by forging the sign of the Petitioner & therefore the payment counterfoil have no evidentary value in the Eyes of the law as if a person creates a document and/or doctored in his support it cleary amounts to forgery and for which the Respondent is liable to be prosecuted."
5.) Further they say that "the respondent( Me) can only seek inspection & production of Document on which the Petitioner has placed reliance". Not only that i must also prima facie show that i have other bank accounts, PPF account, insurance Policies,copy of Salary slip Form 16-A,,Dmat Account as Falsely alleged by me.
Gentlemen pls Guide me.......
Querist :
Anonymous
(Querist) 04 October 2011
Sorry they say that i , the Respondent, has to prima facie first proove that the Petitioner has her other Bank Accounts accounts, DMat account, insurance Policies etc because as such she is denying having any of them.
R.Ramachandran
(Expert) 04 October 2011
Yes. Prove it by bringing in the witnesses from the Bank, Depository, Insurance Company etc.
