Justice Ravinder Dudeja, in a detailed 11-page judgment dated 31 July 2025 (X vs Y), overturned a Family Court order that had previously rejected the wife’s plea under Section 311 Cr.P.C.
A Call for Sensitivity in Matrimonial Cases
"Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach,” the judge added.
The court stressed that documents and witnesses sought by the wife were directly relevant to determining her maintenance — a matter linked to her very subsistence. It warned against hyper-technical approaches that could undermine justice in such sensitive cases.
“The Family Court ought to have adopted a more purposive interpretation of its enabling powers under Section 311 Cr.P.C., instead of taking a hyper-technical view," the court said.
Noting that husbands often hide their actual earnings to evade maintenance obligations, the court said, "It is not uncommon that when there are matrimonial differences between the husband and wife, many times husbands tend to suppress their real income and resort to transferring their assets to avoid payment of legitimate dues to their wives.”
The Case in Brief
- Marriage Date: 16 February 2012
- Allegations: Domestic violence, dowry harassment, desertion, and withholding of stridhan (jewellery, cash, valuables).
- Property Dispute: The wife alleged the husband sold his Noida property and transferred ₹5.25 lakh to his mother’s Axis Bank account on 05 August 2013, along with large cash deposits into family members’ accounts.
- Purpose: She claimed these were attempts to hide income and avoid paying due maintenance.
The wife also alleged that her husband — who became a CFO in 2014 — concealed ownership of multiple properties, including the Shakti Nagar property allegedly purchased with diverted funds.
Husband’s Defence
The husband argued that the plea to summon witnesses was irrelevant, accusing the wife of approaching the court with “unclean hands” and engaging in delay tactics.
Court’s Stand on Section 311 Cr.P.C.
Justice Dudeja clarified:
“Section 311 Cr.P.C. grants wide discretion to the Court to summon, recall or re-examine witnesses at any stage of the proceedings. The objective is to ensure that the truth emerges and justice is served. However, at the same time, such power must be exercised with caution, fairness and judicial prudence so that it does not become an instrument of delay or abuse,” the court added.
“According to the petitioner, on 05.08.2013, from the sale proceeds of the Noida flat, respondent diverted an amount of Rs. 5.25 lakhs to the Axis bank account of his mother. On the same date, huge cash was also deposited in the bank accounts of the family members of the respondent in their various bank accounts. Petitioner wants to demonstrate through such records that respondent deliberately diverted the sale proceeds of Noida flat in the name of family members, to escape his liability of payment of due maintenance,” the court noted
The High Court noted that denying the wife access to bank statements and witness testimony would frustrate the objective of maintenance proceedings, especially since proving the alleged diversion of funds could establish the husband’s real financial capacity.
Final Orders
- Family Court order set aside.
- Wife permitted to summon relevant witnesses and records.
- Proceedings to be expedited and preferably concluded within three months.
Case Title: X vs Y
Judgement Date: 31 July 2025
Bench: Justice Ravinder Dudeja
Click here to download judgment: https://ghamdaanlawfirm.com/judgement/wife-can-summon-bank-witnesses-to-prove-husband-concealed-income-in-maintenance-case.pdf
💡 Why This Matters:
This ruling sends a strong message — courts will not tolerate income concealment in maintenance disputes. It reinforces that truth-finding is paramount and procedural technicalities should not become shields for avoiding financial responsibilities in matrimonial cases.
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