RS (PA) 19 September 2011

Unrelated witness

can any one be called to depose in the matrimonial case , even if the person is nowhere related to the case

can wife call a person as witness in the case , where in the said person is no where appering in petition , WS, evidence or claim affdavit ?

how can i cross a completly unknown person who has no background to the case and nowhere related to case ?

can court allow such witness to depose ?

wife has listed 3 witness , one completly unknown person as stated above and her mother and brother. surprsing enough neither her mother nor her brother appears anywhere in any document ?

Reply Follow

6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 September 2011

Depends on what he is disclosing.

He can disclose whether the jewellary was purchased from him or not

Bur he can not depose, whether youi beat her or not/

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

RS (PA) 19 September 2011

how does that amount to deposition against me. from whom she has purchased gold, etc is never a dispute. i have not asked to produce bills

shonee : if you put some one as witness in the witness list you have to file a claim affidavit in the basis of which cross can happen.

ironically the ohther 2 names of her mother and brother do not figure out anywhere

i am simply asking show me the details of parents income for that period. if you say they have speand 15 lakhs , please show the source of 15 lakhs

she claims my parents are retried , no income and poor as deposed by her , so i want to see bank details

Rakehs

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 September 2011

Brother,

The court has powers to summon anyone who it thinks is material to deciding the case.

Regarding bank officials, income tax records, they can be summoned using witness summons.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

RS (PA) 20 September 2011

Shonee : you are missing the point , am not quesitoning the power of court.

here the issue is that when you put some person completly not related to the case, dont map the person in claim affidavit against the charges made. dont specify as to how the person is related to the case.

it is like catching some one from road and asking him/her to depose for you in court.

my point is that should court not direct the respondent to relate the witness in case.

IT officer , bank officer , doctor , etc can be witness , however they should be mapped in claim affidavit as to under what alllegation have they come as witness

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 September 2011

Brother,

If such is the case, the opposite party can oppose it on the ground that this witness is not important. The court would decide whether the witness is important or not.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Arif Iqbal (Advocate) 10 October 2011

The Court will see the deposition of witness and decide decide whether its is relevant under the Evidence act or not. Apart from other matters, during his cross examination you can challange his credibility, relevancy in connection with this case.