A single judge of Delhi High Court held that

5. Reliance is placed on settled legal precedents, including the Supreme Court’s judgment in Rajnesh v. Neha Criminal Appeal 730/2020 and the case of Sandeep Walia v. Monika Uppal CRL.REV.P. 179/2019, which recognize that when a husband conceals his income or assets, the court must take into account his true financial status for the determination of maintenance under Section 125 Cr.P.C. Furthermore, the Petitioner cites the case of Vikas Ahluwalia v. Simran Ahluwalia FAO143/2013 and Pasupuleti Venkateswarlu v. The Motor & General Traders Civil Appeal Nos. 2120 to 2122 of 1972, where courts have acknowledged that assets are often transferred in matrimonial disputes to avoid paying rightful dues. The Petitioner further asserts that the Respondent’s actions, including domestic violence, illegal retention of stridhan, and filing of frivolous litigations, are part of a larger scheme to deprive her of her legal entitlements.

17. No doubt, the petition was filed way back in the year 2013 and has not been disposed of till date and applications under Section 311 Cr. PC have been preferred at the stage of final arguments. However, power under Section 311 Cr.P.C can be exercised at any stage of enquiry, trial and other proceedings. Such power can be invoked even at the stage of final arguments.
18. Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the petitioner are not collateral or immaterial but rather, they directly affect the determination of maintenance which is a matter of subsistence. The Family Court ought to have adopted a more purposive interpretation of its enabling powers under Section 311 Cr.P.C., instead of taking a hyper-technical view.
19. Accordingly, the impugned order dated 07.06.2024 is set aside. The petition is allowed. The learned Family Court is directed to permit the petitioner to summon the concerned witnesses with the relevant record. However, it is directed that the remaining proceedings be conducted expeditiously and all out efforts be made to dispose of the case as early as possible and preferably within a period of next three months. Both sides are directed to cooperate with the trial Court in an effort to expeditiously dispose of the petition.

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Index of Maintenance cases is here.