Please advise...
Querist :
Anonymous
(Querist) 11 October 2011
This query is : Resolved
We two couples went for picnic towards Kullu-Manali from Jammu, in our car which was driven by my friend. I alongwith my wife were sitting behind (back seat). Unfortunately we met with an accident near Mandi (Himachal Pradesh), the guy (my friend) control over vehicle and our car rolled into deep gorge. His wife got multiple head injuries and expired in the hospital. We had a narrow escape, since we were on the back seat.
Now the case is registered with the Mandi court and the court is regularly sending Summons to my wife for her witness.
The problem is that after the accident, my wife got phobia towards traveling hilly areas. She is not mentally fit to travel a 8-10 hrs distance to attend the hearing. Kindly suggest the way out. Can we skip the hearing as we have already missed 4-5 times. What would be legal binding on us if we don't go.
Kindly give your expert legal advise asap.
thanks.
Raj Kumar Makkad
(Expert) 11 October 2011
An application should be moved by your wife before the concerned court through her counsel (counsel is required to be appointed, if she wants to depose her evidence) to appoint a local commission to obtain her statement from the place of your residence given her mental disorder. You shall to bear the expenses and LC shall come with counsel from both parties and evidence of your wife can be got recorded.
If your wife do not want to depose her evidence then you shall have to pass 2-3 more opportunities and thereafter court itself shall close evidence from prosecution side.
Arun Kumar Bhagat
(Expert) 11 October 2011
The Court may issue bailable warrant of arrest against witness for her non-appearance. Mental phobia and mental disorder are two different things. Mentally disordered person's evidence can not be recorded because it has got no value but a person suffering from phobia or schizophrenia can give evidence provided he/she understands the question and maintains consistencies in her/his statement. Name of Witness can be discarded if the process server gives a report 'Left-without informing, whereabouts not known etc.".In order to discard witness name, the court has to be provided some weapon. There are some practical expects which you ask in private with some criminal lawyers practicing in Mandi Court.
Shonee Kapoor
(Expert) 11 October 2011
You can not avoid it, as advised by Ld. Mr. Makkad, request the court for appointment of local commissioner.
Though the court may not close the opportunity and issue bailable warrants
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
