New Delhi: The Delhi High Court has rejected a man’s plea for an income tax inquiry into the finances of his estranged wife’s family, which he said gave Rs 2 crore dowry and spent lavishly for the wedding.

A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela on February 19 said it appeared the petition was predicated upon a "matrimonial feud" between the estranged couple.

The court further pointed out the man's counsel was unable to indicate the fundamental, or statutory right of the man, that was violated.

"It appears that the present petition is predicated upon a matrimonial feud between the petitioner and wife. That apart, the record also reveals that the disputes are hotly contested and involve highly complex and disputed questions of facts which will not be within the purview of the Income Tax department to adjudicate," the bench said.

The bench went on to add, "Similarly, such disputed questions of facts also cannot be adjudicated under Article 226 of the Constitution of India."

The man sought a direction to the income tax (IT) department to conduct an inquiry and investigate the alleged illegal cash transaction of Rs 2 crore aside from the money spent for the wedding by his estranged wife's family.

He also sought the verification of the family's income tax returns and financial records of the last 10 years, demanding necessary legal action in case of perjury, tax evasion or financial misconduct.

The estranged couple married in 2022, but the marriage failed and the woman lodged a complaint with the police against her husband.

The man’s counsel said he gave a complaint to the IT department seeking investigation of the sources of income of the woman’s family and their alleged undisclosed cash transactions.

Despite repeated follow ups, the authorities failed to take any action, he added.

The court said the petitioner’s counsel was unable to indicate the provision under which such a complaint was submitted to the IT department.

“Clearly, the complaint was not under a statutory scheme or a regulatory mechanism available under the Income Tax Act, 1961, thus the question of non-response to such complaint constituting violation of fundamental right or even a civil or statutory right of the petitioner, is non-existent. The said submission is unmerited,” it said.

The petitioner was seeking a roving and fishing inquiry through the court process, the court said further.

The bench added, "This is clearly impermissible and cannot be countenanced. In view of the above observation, the present petition stands dismissed."

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