A single judge of Karnataka High Court held as follows,
From Para 8,
8. Having heard the learned counsels on either side, perused the entire material on record. In the light of the law laid down by the Hon’ble Apex Court in the case of Rajnesh Vs. Neha1, if there is any dispute with respect to the declaration made in the affidavit of disclosure, the aggrieved party shall seek permission of the Court to serve interrogatories and seek production of relevant documents from the opposite party. The Court had elaborately discussed about the difficulties that the Court faces while granting interim maintenance and without material it is done on the guess work. As per the judgment of the Apex Court, they have to produce bank statements, income tax returns at least for two years prior to the application. Even if the submission of the learned counsel for the respondent is taken into consideration that the bank account is a joint account, still the respondent have to disclose the statement which is two years prior to the closing date of the account and whatever is the income as per the bank statement or whatever are the details or the relevant factors, the duty is cast upon the wife to produce all these documents.
9. In that view of the matter, this Court deems it appropriate to dispose of this writ petition directing the wife to produce income tax returns, bank statements two years prior to 26.08.2019. The husband shall cooperate with the Court below in deciding the application for interim maintenance. No further adjournments shall be granted by the Court. The Court below shall stick to the same schedule as per the orders passed in WP.No.3267/2024 dated 11.03.2024.
Index of maintenance cases is here.
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