Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shruti   17 February 2022

Husband hiding bank account information

I am currently separated from my husband and will file for divorce from my husband and will be claiming maintenance from him. He transferred all his money in a joint account with his mother. I heard from relatives that he did it to hide his money from court. What can I do if he does not declare this joint bank account information in divorce filings?



Learning

 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 February 2022

You will have to apply to the court to order your husband to disclose his bank accounts giving reasons and justifications for the same. Bank accounts are private and no outsider even a wife or ex-wife has automatic right to see them.

G.L.N. Prasad (Retired employee.)     17 February 2022

Whose joint account from which your husband has transferred the amount?

If you are having a joint account with him, you are equal rights to claim a statement of account as a joint holder.

If you are not employed and have no sustenance for the present, make the effort of seeking such information from the bank in which he is having an account under LIFE OR LIBERTY CLAUSE.

Make it clear in application that there are marital disputes and you are not having any means to live independently and hence in the larger public interest under life or liberty clause, the applicant is seeking the information as she is not having income for sustenance.

Himani Chouhan (Advocate)     17 February 2022

Hey Shruti 

In case you go for divorce and for maintianance purpose your husband try to hide his income/bank balance from the court or from you, you can make an application before the court to give instruction to your husband to produce income tax returns of last 5 years all his earnings, savings etc will be in light and you may also ask for the salary slip if he is an employee.

P. Venu (Advocate)     17 February 2022

You are yet to apprach the Court and to secure any relief. Your priority ought to be approaching the Court. Once you secure orders in your favour, there are procedures to enforce the Order.  

Dr J C Vashista (Advocate)     18 February 2022

For a petition for maintenance you and your husband shall be required / directed to file income, expenditure, assets and liabilities affidavit in terms of Supreme Court judgement in the case titled "Rajnesh Vs. Neha" 

Your counsel shall guide you at the time when you are planning to file petition for maintenance, it is premature for this query.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register