Domestic violence case: HC quashes order rejecting wife’s plea seeking husband’s income details

The Lucknow bench of the Allahabad high court says disclosure of income is important in cases related to maintenance and domestic violence, and the magistrate can force the husband to give details of his income and property by issuing an order in this regard

The Lucknow bench of the Allahabad high court on Monday quashed an order of a magistrate court, which rejected a woman’s plea seeking production of income proof and property details of her husband in connection with a domestic violence case.

During the hearing, the Lucknow bench of the Allahabad high court summoned the husband’s income tax returns from the Income Tax Department for the past two years. (FILE PHOTO)

The court ordered the magistrate to reconsider the wife’s plea afresh within six weeks.

The high court said disclosure of income is important in cases related to maintenance and domestic violence, and the magistrate can force the husband to give details of his income and property by issuing an order in this regard.

Justice Brij Raj Singh passed the order on a petition filed on behalf of the wife and the couple’s minor son.

An application was filed by the woman before the additional chief judicial magistrate, First, Lucknow, under the Domestic Violence Act, accusing her husband and in-laws of dowry harassment, assault, and financial torture.

The petitioner requested that, under section 91 of the Bharatiya Nagarik Suraksha Sanhita, the husband be ordered to submit his income tax returns and other financial documents.

In an order dated January 19, the magistrate rejected her plea, following which she approached the high court.

During the hearing, the high court summoned the husband’s income tax returns from the Income Tax Department for the past two years.

According to the records, the husband, an architect, has an annual income between ₹4.85 lakh and ₹5.07 lakh. He, however, described himself as a labourer in the magistrate’s court.

The high court cited the Supreme Court’s 2021 verdict in the Rajnesh vs Neha case to say that the husband can be required to provide documents to disclose his income and assets.The bench also directed the husband to provide his wife with a copy of his income tax return.