DV case

Querist : Anonymous (Querist) 10 June 2011 This query is : Resolved
Dear sir,

if wife has claimed jewellery what she has not brought only with her in marriage and presented fake bills.

Ques. can respondent lawyer appeal in the court to send summon the jewellery shopkeeper and call him along with his books where? and when? transaction of such jewellery happen.

provided:

if wife has mentioned in his application a huge amount expenditure in marriage and all this with aword that economic condition of the family was so sound that they fulfilled all demands.

Query: can we claim to present a copy of bank account of the families from which such a huge transaction happen only in one day?

repeat:
1) can court send summon to jewellery shopkeeper to present the details of jewellery transaction.

2) can we claim a copy of Bank account from which such a huge transaction done only in single day.marriage day?

thanks in advance

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adv. rajeev ( rajoo ) (Expert) 10 June 2011
You can call the books of accounts from the bank as well as shopkeeper u/s of Cr.P.C.

prabhakar singh (Expert) 10 June 2011
repeat:
1) can court send summon to jewellery shopkeeper to present the details of jewellery transaction.
ANSWER:1)yes!Trial court can summon.you can move an application therefor.

2) can we claim a copy of Bank account from which such a huge transaction done only in single day.marriage day?
ANSWER:2)Yes!you can pray trial Court to direct your opponent to furnish details desired.

Ajay Bansal (Expert) 10 June 2011
Answer of both query is'Yes'.

Adv Aileen Marques (Expert) 11 June 2011
The respondent lawyer may make an application in the same court in which the DV case is going on to send summons to the jewellery shopkeeper and call him along with his books of records.

In the same way an application may be made to furnish copy of Bank account statements. In DV cases there is a special responsibility on the Protection Officer to assist the Court and so as per the act the PO can conduct home-visit to ascertain standard of living of the family.

Devajyoti Barman (Expert) 11 June 2011
Yes, the respondent can pray for issuance of summons upon the shop keeper and the bank for producing the necessary books of account or other documents.

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