Family law

B Guru Murthy (Querist) 04 January 2012 This query is : Resolved
Ld. Members,

Divorce suit pending in High Court filed by Petitioner/Plaint(Party in person):

In this connection...
a subpoena petition can be filed by Petitioner as provided Under Order 5 Rule 16 (1) to service provider(Bank) for submission of reocrds which is evident for the case.

Please Advice

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Devajyoti Barman (Expert) 04 January 2012
What do you want to ask?
This provision does not apply to the circumstances told by you.
It is Order 16 Rule 6 of CPC.
The term 'subpoena' has no application in India either.

V R SHROFF (Expert) 04 January 2012
It relates to Person served to sign ack.
so deliver summon cop to def,

I believe , you are confused as your wWife remarried, and you failed to proceed against her.

it seems u need help to take STEPS.
& NEED EVIDENCE .that she lives elsewhere with someone.

unserved summon also means false address.

First confirm that : MAY HELP YOU.
U R LOOKING FOR CPC. , A job of Adv.

Deepak Nair (Expert) 04 January 2012
A new term for me.
Looking forward for comments from experts on this.

prabhakar singh (Expert) 04 January 2012
Dear Mr.B Guru Murthy!
Are you located in USA or in INDIA as the term SUBPOENA means the usual writ for the summoning of witnesses or the submission of evidence, as records or documents, before a court or other deliberative body.And rules in this regard are found in USA's laws with use of this term.

This is entirely a foreign term for CPC as well as for Indian laws.The import of the term is really intended to impress us but that shall only confuse us and your purpose shall get frustrated in the way of your showing off.

If you really meant order V rule (16)then it does not contain any sub rule (1)as you referred. It simply speaks of following language"16. Person served to sign acknowledgement

Where the serving officer delivers or tenders a copy of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original summons."

And if you meant what your term means,then as guessed by Mr.Barman,it runs as follows"6. Summons to produce document
Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.
[order XVI rule 6]"

Now you decide on your own about your expressions.Bare facts statement convey us more to arrive at right conclusions and to guide people more accurately.