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G. ARAVINTHAN (Legal Consultant / Solicitor)     25 October 2010

Documents

In a maintenance case filed by wife against her husband, who is a government servant denies his salary amount.

Now wife wants to file application directing the superior officer of her husband to produce his salary details and give evidence as to his salary.

What is the provision for the same?



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 3 Replies

Isaac Gabriel (Advocate)     25 October 2010

File RTI application to the PIO of his office

Mugundhan (Lawyer)     25 October 2010

Family courts Act Sec.10. Procedure generally.

(1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)] before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court. (2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court. (3) Nothing in sub-section (1) or subsection (2) shall prevent a Family Court front laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by one party and denied by the other.

So if the case is under sec.125 Cr.P.C. , u have to file petition u/s.311 of Cr.P.c. for summoning the witness.

 

G. ARAVINTHAN (Legal Consultant / Solicitor)     25 October 2010

So it seems even the Family Court Act is barred by IX schedule of the Cr.P.C


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