Criminal Procedure Code, 1973
Section 311—Order dismissing application—Challenged—Maintenance petition pertains to the year 2003 and is about 19 years old, at the same time, it cannot be overlooked that a fresh income affidavit has been filed in the year 2017 by the respondent-wife, and to decide grant of maintenance, it will be essential for the petitioner-husband to cross-examine her only qua the said deposits and cash withdrawal entries as he refers to in the present petition—Present petitioner has not filed his fresh income affidavit in view of directions of Apex Court in 2021 (2) SCC 324—Petitioner allowed to cross-examine the witness only regarding cash deposits and withdrawal entries subject to petitioner filing his income affidavit.
[Paras 9 to 14]