Siv (engineer) 28 September 2012

Urgent halp on application under section 91 of crpc

I have filed application U/s 91 of CrPC before Family Court, in maintenance Case U/s 125 of CrPC, with a prayer to order the wife to submit the documents that are available with her (as said in the case).

The list is little big (15 different documents belongs to hospital medical reports, properties of wife, bank balances of wife etc... ) and is prepared based on the incidents that are described by wife in the maintenance petition.

Court says (orally) that under section 91 of CrPC only one set of document shall be ordered to submit ..... and said that the application is not maintainable and aked me to withdraw.....

Also court said (orally) that application U/s 91 is not applicable against the wife (petitioner fo the case U/s 125 of CrPC) .... hence application is not maintainable....

I said, if I withdraw this application, then I may need to file many applications U/s 91 of CrPC to order the same party that would waste lost of court time.....

Kindly advice me in this regard.

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4 Replies

Bhawani Mahapatra (Law Officer) 28 September 2012

Dear Siv

Perhaps the court has taken a wrong view of application of sec-91 of Cr. P.C. There is no bar as to the number of documents to be produced by a person under his/her custody in the said section, not it limits its applicability for the proceeding u/s 125 Cr. P.C.

I suggest you not to withdraw the petition filed by you and let the court reject it on the ground as it thinks. You must go for appeal on the dismisil of your application. You have a good chance to win the fight.

Siv (engineer) 28 September 2012

Dear Bhawani Mahapatra Sir,

I am also thinking like you and I submitted to the Hon'ble Court that give me some more time to decide to withdraw or not then the Court gave next hearing date after 10 days.

Logically and theoritically the reasons stated by the Hon'ble Court did not convince me. My lawyer says that the application U/s 91 is filed almost a year back and the judge is not interested to pass orders in that long pending application.

I may not agree with the Hon'bel COurt decision on the spot hence I asked for date.

If court again says same reasons to withdraw I may submit tnad pray the Hon'ble court to pass orders and based on the order I will file 15 applications seeking one document in one application. I do not think this would happen.....