Witness to summon u/s 91 crpc

RAMJI (Querist) 01 December 2013 This query is : Resolved
Dear experts

This is in a MC case filed by wifepw1. now it is in stage of cross by husband on pw1.... just one cross session over and adjourned for next hearing date.... meantime husband found that some of the answers by wife during cross was denying.. example husband showed letter from school principal saying that Pw1 was employed BUT WIFE DENYED AND OBJECTED TO MARK... likewise some other item also denyed by wife inspite of records....now husband wants to SUMMON THOSE OFFICERS/THIRD PARTIES WHO IS IN POSSESSION OF RECORDS OF EMPLOYMENT /PROPERTY ETC using sec91 crpc....
questions are

1. should husband file a petition -affidavit (similar to I.A) as M.P in M.C showing husband as Petitioner/Respondent and wife as Respondent/petitioner?

2. if it is MP in MC, the list of third party officers to be arrayed as RESPONDENTS? OR to simply list them as identified witness with address who is in possession of documents?

3. prayer is to be for orders to summon the identified officers as witness to produce documents to court?

4. should it be filed after completing cross of pw1 or during the course of cross as parallel

5. While filing, should husband file with necessary white copies for third parties too along with BATA /service form filled for effecting service thro court?

6. any other views pls

REgards
Ramji

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Devajyoti Barman (Expert) 01 December 2013
The husband can recall wife to put more questions in cross examination or summon any other relevant witness to throw light on the material issue.

T. Kalaiselvan, Advocate (Expert) 01 December 2013
to provethe documents or her employment, the respondent can file a Cr.M.P. u/91 of Cr.P.C for the case being prosecuted u/s 125 Cr.P.C.
Nowans: 1)A petition should be filed by the petitioner/respondent, 2) No, 3)may be or may not be 4)It should be filed at the time granted for defence evidence, 5) copy to be given to the other side, batta/process memo to be filed