New Delhi: The Delhi High Court has outlined the need to adopt a “sensitive and pragmatic” approach in matrimonial cases involving financial dependency and concealment allegations as it allowed a woman’s plea to summon witnesses to support her claims against the estranged husband.

The July 31 order of Justice Ravinder Dudeja came on a plea for summoning witnesses of a woman locked in a matrimonial battle with her estranged husband.

“Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. 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 court said. The woman sought summoning of bank officials, along with relevant documents, to bring on record the chain of diversion of funds by the estranged husband from the sale of his property.

Justice Dudeja set aside a June 7, 2024 order of a family court which dismissed her plea for summoning the witnesses. The woman claimed of discovering that her estranged husband had transferred assets to his family members, including the mother and brother, in an effort to mislead the court and avoid paying legitimate maintenance dues.

The man, on the contrary, argued the witnesses sought to be summoned were not relevant to the woman’s case and that the Section 311 (power to summon material witness, or examine person present) CrPC application was a mere delay tactic.

The high court, however, said the financial status, including income, assets and means of the husband are of relevant consideration in determining the quantum of maintenance in a petition under Section 125 CrPC.