Bilaspur: The Chhattisgarh High Court has delivered an important ruling on the right to question the source of income in maintenance proceedings, holding that a fair hearing cannot be ensured unless parties are given an opportunity to cross-examine each other on the facts stated in their affidavits.Justice Narendra Kumar Vyas set aside an order of the Durg Family Court that had prevented a husband from questioning his wife about the sources of her income and the contents of her financial affidavit.The High Court directed the Family Court to allow the husband to question his wife regarding the affidavit submitted by her in the maintenance proceedings.
Husband challenged restriction on cross-examination
A woman from Raipur had filed a maintenance application against her husband before the Durg Family Court under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
In accordance with the Supreme Court's directions in the Rajnesh v Neha case, the woman submitted an affidavit containing details of her assets, income and financial circumstances.
During the proceedings, the husband's lawyer began questioning her about the affidavit and the sources of her income. However, on August 3, 2026, the Second Additional Principal Judge of the Durg Family Court passed an order restricting such questions.
The husband challenged the Family Court's order before the High Court, arguing that preventing him from questioning the affidavit would weaken his case and violate the principles of a fair hearing.The High Court allowed the petition and directed the Durg Family Court to permit the husband to question his wife about her affidavit during the hearing scheduled for September 11.The court also directed that questions should not be repeated and that efforts should be made to complete the evidence on the same day without unnecessarily consuming court time.
Wife also has right to question husband's income
The High Court made it clear that the right to examine financial disclosures is not one-sided.The court said the wife would also be fully entitled to cross-examine her husband on the income affidavit submitted by him, so that his actual earnings can be determined.The court observed that a Family Court should not adopt a procedure that takes away the legal rights of either party to defend their case.At the same time, the court said there must be a balance between providing both parties a fair opportunity to present their case and preventing proceedings from being unnecessarily prolonged.The High Court also directed the Registrar General to immediately send a copy of the order to the concerned Family Court judge so that appropriate caution is exercised in future proceedings.
Section 144 BNSS replaces Section 125 CrPC
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with maintenance for wives, children and parents. It has replaced Section 125 of the Code of Criminal Procedure (CrPC) under India's new criminal laws.The provision is intended to ensure that a person who has sufficient means but neglects or refuses to maintain dependants can be directed by a court to pay monthly maintenance.It covers a wife who is unable to maintain herself, minor children or children unable to maintain themselves because of physical or mental disability, and parents who are unable to maintain themselves.During the proceedings, a court can also order interim maintenance and litigation expenses where appropriate.The High Court's latest ruling reinforces the principle that financial disclosures in maintenance cases can be examined by both sides, while the court retains control over the relevance and scope of questioning.
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