24 April 2024 Alimony in India >> Divorce Laws in India   |   Divorce Law >> Family Law  

A husband in Bengaluru has successfully appealed a Family Court decision regarding his wife's financial disclosure in their ongoing divorce case. The dispute centers on interim maintenance, which is financial support provided to a spouse during divorce proceedings.

The wife had requested interim maintenance, but the husband argued she needed to disclose bank statements and income tax returns to prove her financial situation. The Family Court, however, dismissed the husband's request, stating it was his responsibility to obtain those documents.

Dissatisfied, the husband appealed, claiming the burden of financial disclosure lies with the wife. Citing a relevant Supreme Court case (Rajnesh Vs. Neha), the higher court sided with the husband.

Court Orders Wife to Disclose Financial Documents:

The wife is now obligated to produce two key documents:

• Income tax returns for the two years preceding her application for interim maintenance.
• Bank statements for the two years leading up to the closure of her mentioned account (closed on August 26th, 2019).

Conclusion:

The court also stressed cooperation from the husband during the Family Court proceedings to determine the appropriate interim maintenance amount. Additionally, the Family Court is directed to adhere to the previously established schedule for finalizing the application, as mandated in an earlier court order (WP.No.3267/2024 dated March 11th, 2024).

In essence, this ruling requires the wife to provide financial documentation to facilitate a fair decision on her interim maintenance request. The court has prioritized a swift resolution to the application.