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How can I apply for the copy of bank statement of opposite party ?


01-Dec-2023 (In Documentation Law)

For an ongoing alimony case in which the lady has reluctantly provided passbook of her S/B account in bank.to FamilyCourt. the Respondent approached the bank to provide full statement of the accounts.under RTI act as the matter was now public. The bank refused saying this matter was concerning two individuals and so RTI act did not apply. They indicated if court ordered they would provide but in such cases courts are reluctant to pass such orders stating 'privacy' of even an accused individual. So how to get copy of the account statement

Answers (3)

Answer #1
906 votes
You will have to move an application before the concerned court for seeking a direction to the appropriate authority to bring all her records as it is pertinent to the decision qua the fixing of maintenance and to show that she has a source of income.
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Answer #2
762 votes
In case the documents in the power and possession of the opposite party are relent to the issue/controversy in a case you may move an application under Order 11 Rule 12 and 14 of the CPC praying the court to order the opposite party to produce the document. The Bank may not give you copy of bank statement as it keeps the information in respect to account of a customer in trust and therefore not divulge the information yo you.

Answer #3
798 votes
One cant get the Bank Statement of any other person by any legal means. One can try some illegal means in order to get the Bank statement of the opposite party. The Hon'ble Supreme Court has held in a recent case that any illegal act for the good cause or to prove something right doesn't construe an illegal act.

Finally, by no means one can get the personal information of any other person, until and unless Court directs it.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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