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kapilshah   13 April 2015

Crpc 91 for bank statement urgent

Hello experts 

I filed crpc 91 for summoning the bank branch manager to furnish banks statement . But court is not acting upon and the hon'ble judge says it wont seek bank statements.  Is this legal ? 

Any citations where upon application of CRPC 91 to summon bank manager to furnish bank statement of wife , the court would have allowed. I would like to put a revision petition seeking the same. 

Please help. 

regards

Kapil



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 9 Replies

A.Radha Sampath (Advocate)     13 April 2015

It is legal on the part of the Court and the concerned Judge because it is in the interest of the bank customer's secrecy and principle of fidelity not to reveal any statement regarding its customers and it is out of the purview of the courts.

kapilshah   13 April 2015

Mam ,

Thanks for the reply. 

In a maintenance case , if wife lies of employment and how much she earns per month. Court cannot direct to get valid documents in interest of justice , upon application of CRPC 91. 

Its always in purview of courts else people can happily stash money back accounts. In cases of corporate fraud , Income tax cases at tribunals, the access to bank statements are provided through CRPC 91 . But not in family court cases ? Seriously could there be such justification of secrecy/ privacy of customers . Its not swiss bank accounts where black money is being tracked. But savings back account in a nationalized bank.  

regards

kapil

Soman (Dy Manager)     14 April 2015

The court is not convinced of the requirement, it seems.

In my case the same was allowed. Even after sending money each and every month, my wife said that she is not getting money. I requested for her bank statement and court allowed.

Adv. Chandrasekhar (Advocate)     14 April 2015

1.  Section 125 cr.p.c. is quasi-criminal case and hence, you cannot force the court to comply with the criminal procedure code in letter and spirit.

2.  But don't lose heart. 

3.  In maintenance cases, the courts observed more often than not that the contesting parties, both wife and husband tell lies out of their teeth about their income, educational standards, the reasons for living separate etc.

4.  The court is concerned that whether the wife has got any source of her own income to determine the quantity of maintenance.  If a wife, who has a huge bank balance, that came due to gifts she received from her natal home cannot become obstructive to seek maintenance from husband.  So, bank account as such will not be much of help for the courts to find out whether wife is earning or not.  Similarly, monthly remittance by her brother or father in her bank account will not render her ineligible to claim maintenance from her husband.  Keeping these things in view, the hon'ble court declined your request to summon her bank records.

5.  What you should do is to file an application, citing court judgments, directing the wife to file an affidavit and also all her bank accounts (pass books) for the last 3 years. If you know any particular bank in which she has an account, you should mention that.  Once court gives such direction, she has to comply it.  If she does not comply it, then you have to move the application summoning the bank record from bank officer.  If the court refuses to give direction to your wife to produce those bank records or later on refuses to summon bank records u/s. 91, then you should move for revision petition. 

kapilshah   14 April 2015

Mr Chandrasekhar

Thank you very much for the reply. 

First this is sec 24 of HMA . And I have actually asked for last 3 years of account statements of her salary account and have specified the bank account and branch details. Court just said that it will not seek bank account statement.

The salary usually credited does have company information from where it has been credited. 

Should my approach be to file interrogatories seeking from the wife the bank statements under CPC  Order XI, Rule14. If wife doesn't submit the bank statements/ passboook . I can ask the court to accept my crpc 91 and summon the court. 

 

Prima facie I have proved the court that she is working. Just that I am not getting her salary to further substantiate that she is not eligible for any relief.

Any citations of high court verdict would be of great help. Be it CRPC 125 / SEC 24 of HMA.

kapilshah   18 April 2015

Hello experts Please advice here. The point is I don't have documentary evidences to prove that wife is working. Unless court brings her account statement . CRPC 91 was not accepted by court. Can I go the interrogatory methods as described in CPC ORDER XI ? regards kapil

Adv. Chandrasekhar (Advocate)     18 April 2015

You are completely side tracked.  It being Section 24 application, you have no right to move application u/s 91 cr.p.c.   Such application is not maintainable.  But, in reply to S.24 application, you should mention where she has been working.  Then you move application seeking the direction against the wife to submit her bank accounts and salary slips, as they are in her exclusive custody.  If she refuses then, you seek permission to summon the salary record from her employer and after obtaining the permission, you can summon the record.  But, section 24 being pendente lite, the court has to adopt summary procedure and cannot give the contesting party elaborate changes to prolong the case in the pretext of summoning the evidence.  for the same reason, inteerrogatories are not adopted in S.24 interim applications and further, if wife lies about her salary, you cannot disprove that fact.  Refer to Delhi H.C. Judgment Puneet Kaur Vs. Inder Sawheny.  You can google this judgment.

kapilshah   20 April 2015

Mr Chandrasekhar 

 

Thanks for the valuable input. Its really helpful.

 But point is though section 24 is more of summary nature, some information/ document if sought by the defendant it should be allowed be it under crpc 91 or through cpc order XI rule 14 else this puts the defendant in serious disadvantage. The court should allow some preliminary interrogation to deduce the income of the wife.

Adv. Chandrasekhar (Advocate)     20 April 2015

It appears that you have not read the judgment cited above by me.  Move application seeking informaion from the wife on affidavit and copies of bank statements.  If the court declines your  request, you go for revision.


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