Upgrad LLM

is it mandatory for witness to appear in court?

SSE

Brief about the court stage is as below:

 

A lovely non-legal wife (Women of Bigamous Marriage) now filed an application in JMFC court to summons company account manager to appear before court along with latest salary slip of her lovely Illegal husband (Victim of Bigamous Marriage) to prove income.

 

My queries are as below:

 

1) is it mandatory for Company Account Manager to Appear Before Court as Applicant Witness in CRPC 125?

 

2) Once person other than account manager appeared but due to unknown reason, Hon. Magistrate refused to take documents and statement of the person and ordered only Company Account Manager to appear before court and warned if Company Account Manager wont appear on next date, Warrant will be issued.

How many chances are there that warrant in such cased will be issued?

 

3) Warrant a witness in CRPC 125 is weird. What would be the consequences if Company Account Manager remain absent in next date?

 

Experts and Learned Members, Please give answer to above questions which will help me in my life long court battle.

 
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Senior Partner

1. It is not mandatory for only such witness to appear in person in such nature of Civil disputes. 
2. Company can send any other person with asked documents by issuing "Authority Letter". The authorised person can be examined under Oath and documents can be marked and in the event if he is not able to answer relevant question he can jolly well seek time to re-appear with relevant answers and/or documents on next date of hearing. Wife will bear expenses of calling such witness by meeting witness diet money. 
 

[Last reply]


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SSE

Many thanks Tajjobindia Sir. It is much helpful.

 
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Legal Consultant / Solicitor

not necessary for one to appear in a divorce case.

Further, no one can be compelled to let in evidence

 
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