Adverse inference if witness doesnt appear

Prakash (Querist) 30 July 2014 This query is : Resolved
Ld Counsels,

Husband came to know about the illicit affair of wife with another person. He sends summons to the person who had illicit affair but if he chooses not to appear before court and enter witness box can the court take adverse inference against the person provided husband proves the affair by way of frequent phone calls exchanged between them.

Thanks in advance

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Advocate. Arunagiri (Expert) 30 July 2014
If it is a criminal case, you can compel that witness to give evidence, by issuing a warrant.

Devajyoti Barman (Expert) 30 July 2014
If summons is issued and witness is not turning up, W/A can be issued against him.

Rajendra K Goyal (Expert) 30 July 2014
If the person is not appearing, get W/A issued.

T. Kalaiselvan, Advocate (Expert) 31 July 2014
I too agree with the views of experts that in the criminal case, if the witness fails to appear after receiving summons, witness warrant can be executed for his arrest.

Prakash (Querist) 02 August 2014
This is not a criminal case this is in civil case that too in appeal a witness need to be summoned.

Raj Kumar Makkad (Expert) 02 August 2014
None can be forced to depose his evidence in the civil case especially a plaintiff has his own whims and wishes to prove his case or not.

Raj Kumar Makkad (Expert) 02 August 2014
Court can definitely take adverse inference against such person who has leveled such heinous allegations and is not coming to court to prove those by way of his personal evidence.

Dr J C Vashista (Expert) 04 August 2014
Well advised by the experts, nothing more to add

Adverse inference if witness doesnt appear

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