Arbitrary/ Irrelevant list of witnesses
Legal Fighter
(Querist) 23 March 2010
This query is : Resolved
In my case u/s 9 HMA, the wife has submitted arbitrary list of witnesses which include my senior officers in office, all relatives, bank accounts etc. which are not relevant at all and are totally abuse of process of law.
The judge has ordered to summon all the persons in the list without any application of mind.
What is remedy to me as I don't want my senior officers to come in court. Is there any legal provision to challenge this order?
R.R. KRISHNAA
(Expert) 23 March 2010
I believe your wife should have filed an application to examine the senior officers etc etc and such application has been ordered by the judge in favour of your wife. If such be the position, you can challenge the order of the judge by approaching the High Court by way of CRP (Civil Revision Petition).
Daksh
(Expert) 23 March 2010
Dear Mr.Legal Fighter,
As it is evident from your post it is the prerogative of either of the party in a case to call its witness and it is the duty of the court to see their usefulness for a fair and just trial before ordering summoning of the witnesses.
In so far as the law goes you will be getting the opportunity of cross examining them.
Merely it has got nuisance value the same cannot be challenged.
Best Regards
Daksh
