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Sunil Patil (Engg)     30 July 2011

Bank statment as proof

Hello everyone,

I have managed to get the bank statment thru some sources.

Question is can I put it as evidence stating her income and how she has used the money to spend on holidays etc, while stating that she is living a life of penury? Is there any risk of her fighting back saying its a fraud to get a bank statment by unfair means?

Please advise.

Thanks



Learning

 16 Replies

Ravinder Kumar (Account Director)     30 July 2011

No one asks you about the source of your proof and you dont have to worry  till it can be proved that you have done something illegal.. Instead of placing the salary slip in first go, reply to court mentioning her salary and bank account number...and if she says that it is not her salary than you present the bank statement...and you know what happens when someone lies in court (on record)..

So, dont worry n go ahead, teach her a leasson, she is havng all the fun in life and u r suffering because of her..

Best of Luck..

jeetendra patel (lawyer)     30 July 2011

in strict legal sense it is always better to  have the evidence on record through proper custody.it is advisable to examine the bank officer to produce the required papers.  In extreme case you can give a try on the basis of evidence in hand.

J.P.PATEL, ADVOCATE PUNE (9921158871)

adv. rajeev ( rajoo ) (practicing advocate)     31 July 2011

any how you got the proof, if you produce before the court you cannot prove it without the evidence of the bank.  So it is better to call the documents from the bank then get it exhibited.

Sunil Patil (Engg)     31 July 2011

Thanks everyone.

anonymus (Engineer)     07 August 2011

i have a question here.. how will  a bank will other person's bank statement ?

jeetendra patel (lawyer)     08 August 2011

in a court trial in order to prove your point you can call a witness in order to prove in your case the financial aspect of your opponent you can always call a witness.and other person in your case is your opponent  and not stranger to youe case.

Alok Tholiya (self employed)     10 August 2011

Very good replies by all the advos who responede. Thanks as same r very useful to all litigants.

Siv (engineer)     10 August 2011

Can section 91 of CrPC used to calll bank people or section 311 of CrPC is used to summons the back official to submit the wife salary details ...

adv. rajeev ( rajoo ) (practicing advocate)     11 August 2011

Sec 91 can be used. 

If there is a court direction it is mandatory to produce the bank detials to the court, bank cannot deny it is third person details.

rakesh sss (operater)     12 August 2011

can a doctor is summend in sec.91 in trial at the basis of a madical prescripttion.

rakesh sss (operater)     12 August 2011

in my case wife says that she is a housewife in her petition at mc and  other said she admitted at 498 case before judge that she is a employ of mnc and earning 15k.this happen after mc case filed.mc case is on early stage please help me

1.can the admission of wife at another court is enough for me to proof her earnings.

Siv (engineer)     15 August 2011

Hi Rathgir,

 

File a petition under section 127 of CrPC to cancel her interim maintenance in crPC-125 case. If there is not interim maintencne is granted by court then leave it and contest it and at the end of the CrPC-125 case cross examination you can bring those facts in court by that time make sure that 498A allegations are cross examined in CrPC-125 case. then move to high court in 498A case with quash petition saying that creulty is not proved.

 

At the end of the CrPC-125 cross examination you may file even perjury application also.

 

If wife earnings are less than what she is looking for maintencne in crPC-125 then CrPC-125 will continue till end.

Siv (engineer)     15 August 2011

Hi,

 

Use can use CrPC-91 application to summon the doctor to produce documents ... if you need doctors statement to be recorded by the court then you may use section 311 of CrPC.

harsh pratap singh (sseef)     10 March 2012

Dear Sir,

have you filed the bank statement? what is the outcome? do reply in details.

I have the same query as you have posted so I am very much anxious to know the outcome. Even i have the bank statements but dont know what to do next.


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