How to make documents produced against witness summons come on record
disilva
(Querist) 25 October 2012
This query is : Resolved
Sir,/Madam,
1.)Petitioner has denied on affidavit her salaried Bank account in which I used to deposit money for my daughter Voluntarily.she has also denied her employment
2.) Against my application for witness summons court finally (after a period of one year) ordered Witness summons against the Bank.
3.) Bank person who came to submit ONE COPY OF Statement of accounts, account Opening Application form , KYC Documents etc has NOT given any Copy to Me.
4.) Court has NOT taken these Documents produced by the Bank person ON RECORD as seen in the certified copy of Roznama where it is not given any Exhibit No. Only mentioned ‘BANK PERSON COME TO GIVE DOCUMENTS’ .
5.)Interim maintenance has not yet been decided but one hearing prior to last hearing Court suddenly ordered AD-Hoc Interim Maintenance along with an order for Witness summons as above .
MY QUESTION ,
a.)How do I get the bank documents of the Petitioner’s Bank account produced against Witness summons on RECORD as I thought now that the person from bank has come to give documents & it will be taken on Record. The other parties advocate was purposely ABSENT ON THE DAY DOCUMENTS WERE PRODUCED and I DID NOT KNOW THAT THE WITNESS IS SUPPOSED TO BE CROSS EXAMINED WITH RESPECT TO THE PAPERS BEING PRODUCED BY HIM . I want it to come on record BEFORE Interim Maintenance U/S 24 H.M.A is DECIDED
b.) How do I get the Copies of those Documents produced by the Petitioner’s bank as my whole argument on Interim maintenance depends on the same.
PLS PLS PLS GUIDE.
Dr V. Nageswara Rao
(Expert) 26 October 2012
1.Under the Evidence Act, a person does not become a witness just because he was asked to produce a document. He has to be summoned as a witness also to cross examine him.
2. Ask your advocate to find out from the Court why the docs produced by Bank were not given to you.
3. Summon the Bank manager as a witness and examine him.
disilva
(Querist) 31 October 2012
Dear Mr Rao,
Very kind of you indeed Sir to have replied to my query .
As per ur instructions i requested the Hon'ble Judge yesterday, though it was not my hearing date, to give me a copy of the documents produced by the bank (in lieu of Witness Summons to it) and told him that i will not be able to argue my interim maintenance in my next hearing without the copy of the same in my hand.
The judge ( initially) promptly said that i could have it by applying for a certified copy of the same but was interrupted by the Sherishtedar (Assistant to the Judge) who is taking personal interest in my case and is prejudiced against me and has been playing mischief in my case by not recording proper Roznamma etc and pressurising me to apply for a mutual consent settlement.
I pointed out to theHon’ble judge showing him the certified copy of the roznama that it was not yet taken on record and wasn’t marked as exhibit.
Thereafter the Judge only told me to seek inspection of the document and make my submissions after two hours on the basis of the inspection made on the day of the next hearing .
Sir, i say that the other party being influential i am worried that in the next hearing the judge may directly give orders for interim maintenance without taking the said documents on record before the same so that my appeal may be meaningless in the high court.
I am praying to you to show me some Lawful way under some Rule or Order etc to enable me to make an application on that grounds and by taking the matter on board etc... so that i can lawfully compel the judge for taking the said documents on record......
I doubt if i pray for summonning the bank manager as witness , he may set it aside saying that it can be done at the trial stage after interim maintenance is granted.
Sir , i want to file an application for Perjury based on the said bank documents ( which reflect the salary,earnings and investments of the Petitioner who has denied her employment on affidavit .It doesn't give me any sadistic pleasure to file a perjury application but the other party is so unreasonable , fraudulent and malicious that it has become the need of the hour. They have on earlier occassion even submitted different copy to me and to the court of the same application fraudently.
May i again request you to please guide me further ....i am arguing my case in person and also studying Law as student in my first Sem and my exams are just two days after my next hearing and i am unable to concentrate on my studies . i have also lost my job. will always be greatful for your time on my matter....Regards.
Dr V. Nageswara Rao
(Expert) 31 October 2012
File for a writ of mandamus in the High Court seeking a direction to the judge to give a copy of the docs.What is the designation of the judge?
disilva
(Querist) 01 November 2012
He is the judge in the Family court
disilva
(Querist) 09 November 2012
Greatful to you Mr. Rao for your valuable opinion.
