• Child custody case

Minor child custody case going on.child with mother.on her evidence stage she had called my bank staff to be witness and bring along my transfer/posting record...
1.can she call my bank staff as witness? 2.how to defend it
3.she is frequently changing her address.can this fact help me in case
4.she has made school principl as witness in case...what questions can be asked to him during cross examntion....child is about 4 years old male
Asked 6 years ago in Family Law
Religion: Sikh

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13 Answers

Evidence of bank staff is irrelevant to custody case

2) change of address does not help your case

3) cross of school principal would depend what he has stated in his examination in chief

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

If the presence of office staff is mandatory for deciding the case then they may be called upon by the court.

Yes this can be used to show that such frequent change in the place of residence is not beneficial for the child, as the welfare of child is of utmost importance therefore the said point may please be considered.

What questions can be asked, cannot be told by me without seeing the paper book.

For detail advise you may share the paperbook of the case with me and discuss in detail.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. If court permits any person can be summoned for proper adjudication of the case.

2.yes this fact is helpful in your case.

3.Without knowing the content of evidence of the Principal the question for cross examination can not be framed.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hi

Till the age of 7 yrs custody will be with mother if she is having sufficient time for her child but

if u will show ur strong guardianship ability to the custody of child u can get the custody of child

Also show her inability by showing her financial status

Court have right to call anyone

Defend this case with above successions

Thanks

Harsh Kumar Sachdeva
Advocate, Delhi
44 Answers
3 Consultations

4.3 on 5.0

Court can call upon the witnesses whom are relevant doesn't case. Whether or not such witnesses are your office staff is immaterial

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Sir,

The answers are as under : ( I am presuming that, this is only a custody case and not maintenance case)

1. She can call bank staff in custody case only to prove that, you are not diligent in your work and you do not have a stable job or income. she can also prove that, you are hot headed or that, your behaviour is not in interest of the child.

2. You may defend saying that, the witness is not relevant to this case since it is purely case for custody and personal and professional life can not be mixed in a custody case. ( but perfect defence can be suggested only after seeing all the papers)

3. Yes. This fact is relevant from the view point of education and social and mental upbringing of the child.

4. about behaviour of child in school, his attitude and behaviour towards other students, his lack of performance and attention in school, his friends and if the child had told him anytime regarding his family issues and his lack of interest in school activities due to this.

Unmesh Gopal Dindore
Advocate, Pune
11 Answers
3 Consultations

5.0 on 5.0

Hi, the minor child custody is more likely to be kept with mother .. The cross -examination depends upon the defence counsel ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

with permission of the court, she can call other witnesses.

Unmesh Gopal Dindore
Advocate, Pune
11 Answers
3 Consultations

5.0 on 5.0

Magistrate shall not issue a process until a list of the prosecution witnesses has been filed before him. This provision is intended to be a safeguard for an accused person so that he knows beforehand what evidence is likely to be produced against him."

2)it is the duty of the Magistrate to secure compliance with the requirement of section 204(1-A) at the earliest possible stage of the proceeding to avoid any prejudice to the accused if for some reason he did not insist on the list of witnesses to be filed along with the complaint

3) object to examaination of additional witness as no list of witness submitted

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

No she can not, if such thing is done court will not allow such witnesses to give statement.

Regard

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

No, this is not possible. Only she files an additional list of witnesses and the court approves the same, she can produce the other/new/additional witnesses.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

!. She has to file a list of witness to be examined with the reasons.

You may file your objection to this at the time of hearing of her petition summoning witness.

3. Changing the address frequently with an intention to avoid you seeing the child can be pleased in the main petition.

4. First of all see what the principle deposes before the court as evidence and you may cross examine the principal on that information furnished by her/him.

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

she has not submitted any list of witnesses as yet..her cross examine is over..can she call other witnesses without submitting list of witnesses?

If the witnesses have not been added to her original petition then she may have to submit list of witness

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

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