If you are stuck in such a situation, here is what to do.

Mr. Sameer Verma, a resident of Janakpuri, finds himself in the middle of a contentious maintenance case initiated by his wife, Mrs. Rina Verma, under the provisions for maintenance. Mr. Verma suspects that his wife is gainfully employed at a private firm, “Innovatech Solutions Pvt. Ltd.,” and has a steady income, a fact she has allegedly concealed from the court to claim a higher maintenance amount. He has some details about her employment but lacks concrete proof like bank statements. He has heard about a legal provision that allows a party to request the court to summon documents directly from a third party, such as a bank. He is seeking clarity on the procedure under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, specifically on how the court issues such an order and what the subsequent steps are.

Advice in such cases

Navigating a maintenance case where the financial status of the other party is in question requires a strategic legal approach. Here is some general advice:

• Gather all possible information about the other party’s employment and income sources, such as the name of the employer, bank name, and potential account details. Even partial information can be useful.
• The primary step is to file a formal application before the court, detailing why the requested documents are crucial for a just decision in the case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework for such situations is primarily governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

• Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This section deals with the order for maintenance of wives, children, and parents. It is the provision under which maintenance proceedings are initiated. The court considers the income and financial status of both parties before deciding the quantum of maintenance.
• Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This is a critical provision that empowers a court to issue a summons for the production of any document or thing. If the court believes that the production of a particular document (like a bank statement) is necessary or desirable for the purpose of the trial or inquiry, it can issue a summons to the person in whose possession or power the document is believed to be, requiring them to produce it at a specified time and place.

If you are the complainant

In this scenario, the “complainant” refers to the party filing the application to summon documents (Mr. Verma, the respondent in the maintenance case).

• Your lawyer will draft an application under Section 94 of the BNSS. This application must be specific and not a “fishing and roving inquiry.”
• The application should clearly state the name of the bank, the branch, and if possible, the account number of the person whose statement is required.
• It must establish the relevance of the document. For instance, you must argue that the bank statement is necessary to prove the wife’s income, which directly impacts the court’s decision on the maintenance amount.
• Once the application is filed, the court will hear arguments from both sides on its admissibility. If the judge is convinced of the necessity of the documents, a summons will be issued directly to the Branch Manager of the concerned bank.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In this context, the “victim” refers to the person whose private documents are being summoned (Mrs. Verma, the petitioner in the maintenance case).

• You have the right to object to such an application. Your lawyer can argue that the application is an invasion of your privacy.
• You can contend that the other party is on a “fishing expedition” and is trying to harass you without any concrete basis for their claims.
• Your lawyer may argue that the burden of proof lies on the applicant to first provide some prima facie evidence of your employment before such a drastic step of summoning bank records is taken.
• The court will weigh the arguments from both sides before making a decision. Your right to privacy will be balanced against the need for a just adjudication of the maintenance claim.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In civil proceedings like a maintenance case under Section 144 BNSS, the police have a very limited or no role. The process of summoning documents under Section 94 BNSS is a court-monitored procedure. The court issues the summons, which is then served upon the concerned party (the bank) through the court’s process server or registered post. The police are not involved in serving these summonses or ensuring compliance, unless the court specifically directs their assistance for a particular reason, which is rare in such matters.

FAQs people normally have

Here are some common questions that arise in this situation:

• What happens after the court issues the summons to the bank?
  The Branch Manager or another authorized officer from the bank is legally obligated to comply with the court’s order. They will either appear in person with the documents on the specified date or send the certified copies of the bank statements for the requested period directly to the court.
• Can the other party see my bank statements?
  Yes. Once the documents are submitted to the court, they become part of the court record. Both parties have the right to inspect the record and obtain copies of the documents submitted. These documents can then be used as evidence during the trial.
• What if the bank fails to produce the documents?
  Failure to comply with a court summons without a valid reason can lead to legal consequences for the bank official, including contempt of court proceedings or other penalties as deemed fit by the court.

What evidence is required?

To successfully file an application under Section 94 BNSS for summoning bank statements, you will primarily need:

• A well-drafted application that clearly outlines the reasons and justifications for requesting the documents.
• Specific details of the bank account, including the bank’s name, branch address, and the account holder’s name. Providing the account number greatly strengthens the application.
• A strong oral or written argument presented by your lawyer establishing the direct relevance and necessity of the bank statements to the facts in issue, i.e., determining the true income for a fair maintenance order.

How long will the investigation take?

This is not a police investigation but a judicial process. The timeline for getting the documents can vary:

• Filing and Arguments: This can take one to two court dates, depending on the court’s schedule.
• Issuance of Summons: Once the order is passed, it may take a week or two for the summons to be formally issued and served on the bank.
• Bank’s Response Time: The court usually gives the bank a reasonable period, typically 2-4 weeks, to produce the documents.

Overall, the entire process, from filing the application to the documents being on record, can take anywhere from one to three months, provided there are no significant delays or prolonged objections from the other side.

Advocate Sudhir Rao, Supreme Court of India