Srini 2009 (asdasdasd) 20 December 2009

NBW against witness in maintenance case

Hi,

In a maintenance case(125 crpc), NBW was issued against the witness(mother-in-law) to depose her deposition. Firrst BW was issued and that time she appeared personnaly and discharged on a PR bond. AFter that also she didn't appear before the court and the judge issued a NBW against her. But it was not executed as she shifted to different places. Now I got her address and submitted the proof of her address and requested the court to send a reminder to the new police station. Now the new judge rejected my request to send the reminder for execution of NBW and also he didn't recall the NBW.

Then I have applied for revision for JMFC order in district court. The district court didnot admit my revision petition saying that the order passed by JMFC was u/s 311 crpc being interlocutory in nature,it is not revisable in view of the bar u/s 397(2) CrPc.

At this stage can I go to High Court to get an order to execute NBW against the witness sothat the witness depose the evidence. Or is there any other alternative?

Thanks in advance,

Venkat

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NANDKUMAR B.SAWANT.M.COM.LL..B.(MUMBAI),ADVOCATE

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REGARDING THE MATTER KINDLY NOTE THAT

1.YOU HAVE TO ENCLOSE THE CERTIFIED COPIES OF ORDER OF HON"BLE JMFC.AND ALSO ORDER OF HON'BLE DIST AND SESSIONS COURT AND YOU MAY APPROACH HIGH COURT FOR FURTHER LEGAL REMEDY.BUT KINDLY NOTE THAT YOU HAVE TO PROVE THE RELEVENCY OF THE SAID PERSONS APPEARENCE BEFORE THE HONBLE COURT.AND ALSO NOTE THE COST INVOLVED AT HIGH COURT.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Srini 2009 (asdasdasd) 30 December 2009

Thanks for the reply Sir.

The relevancy of the witness is there for the case. considering that only the previous judje issed a notice to her and then BW and then NBW.

My only doubt is whether the High court can revise the district court order on appeal..

Hardik Mehta (Family Counsellor) 31 December 2009

Yes, if the High Court finds the relevence in the witness, then the court can refer back the case to the lower court for the trial setting aside the order.