Hindu Marriage Pitition

Advocate Umesh (Querist) 31 December 2010 This query is : Resolved
Respected Advocates,

I have filled Suit for Deceleration of Marriage as null & Void on ground of by born wife is mentally ill and her IQ is less.
In WS wife denied the fact, but she has treated at one doctor before marriage. can I summon that doctor to produce documents and to compel to give evidence on affidavit before court before framing ISSUES, if yes under what provision or order & rule of CPC. please guide,
Thank you.

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Adv Archana Deshmukh (Expert) 31 December 2010
You can sommon the doctor, as your witness, after framing the issues when you lead your evidence.

Kirti Kar Tripathi (Expert) 31 December 2010
yes, agree with Adv. Archana, you can summon after framing of issues.

Khaleel Ahmed (Expert) 31 December 2010
You have filed a suit for declaration of marriage null and void on the ground of your wife is mentally ill and her IQ is less. You questioned that,before her marriage she was treated by one doctor.For your kind information , it is not a sufficient evidence with you,to prove your allegation. You have to prove your allegation before the court on bonafide evidence.You are advised hereby to file a petition before the court, to send her for her mental check up and also IQ test. The court will send her for medical check up.

Ashok Yadav (Expert) 31 December 2010
You can use him as witness from your side, by summoning him through court. But it can happen only after framing of issues, why u need it before framing of issues.

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