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Delhi High Court Lets Wife Summon Bank Officials in Maintenance Case

Justice Ravinder Dudeja overturned a family court ruling to permit testimony under Section 311 CrPC accompanied by document production aimed at tracing transfers linked to hidden assets

Overview

  • The High Court overturned a lower court’s refusal to let the wife summon bank officials and other witnesses under Section 311 CrPC
  • Justice Ravinder Dudeja emphasized that Section 311 grants courts wide discretion to summon, recall or re-examine witnesses to ensure truth and justice
  • The wife contends her husband moved Rs 5.25 lakhs from the sale of a Noida flat to his mother’s Axis Bank account and transferred cash to relatives to conceal assets
  • The court observed that probing the alleged transfer chain is essential to prevent frustration of maintenance proceedings under Section 125 CrPC
  • The judgment underscores that a spouse’s income, assets and means are central to calculating fair maintenance awards