Who can be witnesses?

Querist : Anonymous (Querist) 08 April 2011 This query is : Resolved
In a matrimonial case wife has filled list of witness in the district court containing names of herself, her mother and her uncle (Mother side). Now wife is petitioner. Her mother & uncle are obviously from her side only as she want divorce. In this scenario can these persons be witness???

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Naresh Kudal (Expert) 08 April 2011
anyone can be a witness who have knowledge of facts.

Kirti Kar Tripathi (Expert) 08 April 2011
You can not restrain a party from producing his witness from his side. It is the party, who can decide better to he produce as his witness.It is basic principle of evidence, only those person can give their evidence, who knows the facts.However, the other party has a right to cross examine the witness. There is nothing wrong to produce a relative as witness.

Querist : Anonymous (Querist) 08 April 2011
is there is difference between witness and eye witness? because wife is saying when husband and wife were alone at matrimonial home, husband used to quarrel and fighting with wife? in this situation how much weight-age will be given to these witness?

N.K.Assumi (Expert) 08 April 2011
Its not witness but circumstantial evidence will governed the evidence, as man may lie but the law of nature never lie that is circumstantial evidence.

Devajyoti Barman (Expert) 08 April 2011
The supreme court has made it clear that relation of the witness with the party to the suit does not vitiate his deposition.

G. ARAVINTHAN (Expert) 09 April 2011
Person having knowledge of the entire case can be examined.
In some cases, person witnessing some events can be examined

Advocate. Arunagiri (Expert) 09 April 2011
Any body can be a witness. But, credibility of their statements will be decided by the court.

Parveen Kr. Aggarwal (Expert) 09 April 2011
A party to a legal proceeding may examined any person as witness who can depose in support of his or her case. The weightage of evidence of a witness can be seen by the court only after it is recorded.

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