D v case
Amol
(Querist) 19 February 2015
This query is : Resolved
Hi I am for a wife Applicant in a DV case.
the husbnd's Lawyer Respondent in a case has filed an application with prayers that Bank name _______ be directed to produce the bank statement for a certain period of wife applicant
now the question is can court entertain and decide the application without asking wife applicant to make Bank as a party to the proceedings.
now what step should I take ? shall I wait for court to order me to make bank as a party or shall I make an application myself to the court to permit me to make bank as a party
please guide now what shoud i do ?
Nadeem Qureshi
(Expert) 19 February 2015
Dear Querist
as per section 91 of Cr.P.C any party may file an application regarding the production of documents which is in the custody of the authorities or anybody.
you should file your reply before court as per the application, if there is any objection then raised before the court otherwise the court may pass an order and direct to bank to produce the statement.
91. Summons to produce document or other thing.
(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this section shall be deemed-
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
Advocate Rajkumarlaxman
(Expert) 19 February 2015
Why is that application moved y bank statement is necessary for wat do u work
That if u work n wants to show ur job n salary why u r worried to produce . Let him prove his case
Or is there any reason to add bank as party
Only witness summons application can serve the purpose
ajay sethi
(Expert) 19 February 2015
you dont need to make bank a party to the case . what is harm in producing your bank statement . if you have nothing to hide comply with court order passed if any on the application
Rajendra K Goyal
(Expert) 19 February 2015
Submit your reply on the application and if court orders for Bank statement let it be brought before the court if nothing is there to hide otherwise may go for appeal.
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
If she has filed a petition to produce the records, you file a counter to that expressing your objections to it if you have any.
