In maintenance proceedings, evidence concerning the financial capacity and actual income of a spouse can be material to a fair determination of the claim. Where concealment of assets or income is specifically alleged, the Court may permit relevant witnesses and documents to be brought on record.
In Nidhi Jain v. Ankit Jain, the Delhi High Court considered applications seeking to summon witnesses and records relating, among other matters, to bank accounts and alleged concealment of the respondent’s assets and income. The Court examined the scope of Section 311 of the Code of Criminal Procedure and reiterated that the power to summon or recall witnesses can be exercised when the evidence is necessary for a just decision.
The High Court held that the evidence sought by the petitioner was relevant to the determination of maintenance and that the power under Section 311 could be invoked even at the stage of final arguments. The Family Court’s order refusing the requested evidence was set aside, and the petitioner was permitted to summon the concerned witnesses with the relevant records, subject to expeditious disposal of the proceedings.
A party seeking to summon a bank official or other witness should identify the relevance of the proposed evidence and the issue it is intended to establish. The power to summon evidence is not an automatic entitlement to prolong proceedings; the Court must consider relevance, necessity, fairness and the stage of the case.
With Regards,
S. JEEVAGAN, M.A., LL.M.
Advocate & Legal Consultant
M/s. JEEVAGAN LAW ASSOCIATES, MADURAI.