Background: I filed for Restitution of Conjugal rights U/s 9 of Hindu Marriage Act. Subsequently, my wife filed for Divorce u/s 13(1)(1a) . Consolidated trial is being conducted under my petition because it is filed first. My wife also filed cases u/s498A and PWDV-Act later on. My wife, through her divorce petition, made several false allegations against me one of which is that from day 1 myself and my parents harassed her and her parents for money and properties. Truth of the fact is that my father-in-law misappropriated my money (in crores) which I earned abroad. He is into the business of money lending. Unwilling to return my money, he started spoiling the relationship between me and my wife. I have all evidences to prove that I sent money from abroad to my father-in-law and to one other relative at his instructions. I am the only witness from my side and closed my (petitioner) evidence immediately after my cross-examination. During the respondent’s evidence, as part of cross-examination, my advocate presented the several evidences to disprove her allegations. But my wife pleaded ignorance wherever possible and deposed that she does not know anything about the crores of money sent to her father and other relative. Two anonymous people gave evidence in favour of my wife but my wife’s parents or relatives have not given evidence with the apprehension that they will have difficult time during cross-examination. Respondent’s evidence is closed after the two anonymous witnesses. List of witnesses is not filed by my wife. My advocate told me that filing list of witnesses is not practiced in family cases in Andhra Pradesh. At the very moment the respondent’s counsel reported “no further evidence”, my advocated intimated the court that we would like to summon respondent’s parents for giving evidence and that we will file petition to that effect. However, the bench posted the case for arguments. Question in point : At the very next adjournment, we filed two petitions (1) to reopen my (petitioner) evidence (ii) under Order 16 Rule 1 CPC requesting to summon my father-in-law and one relative to give evidence as petitioner’s evidence (my evidence). The trial court dismissed the petition stating that (1) the petitioner can not ask to reopen evidence at the stage of arguments (2) petitioner can not ask for summoning Respondent’s side relatives (3) petitioner did not ask for summoning them as “Court witnesses” I am in a dilemma if I should go for revision or if I should file new petition U/s 30 (b) & O.16 R.14 CPC. My counsel is of the opinion that “Court witnesses” is for some other situations and that we should go for revision only. I have no law background, but reading section 30(b) and O.16 R.14, they seemed to be more appropriate for my situation. I would really appreciate if any of you can share your expert opinion given the above situation.
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You should file revision against trialcourt order
The trial Court ought to have given one more chance to the petitioner to reopen the case to adduce evidence on the side of the petitioner. If the evidence is reopened it will not cause any prejudice to the parties. Further, it will be useful for the Court to come to a correct conclusion about the dispute between the parties.
Order XVI
14. Court may of its own accord summon as witnesses strangers to suit
Subject to the provisions of this Code as to attendance and appearance and to any law for the time being in force, where the Court at any time thinks it necessary 78[to examine any person, including a party to the suit] and not called as a witness by a party to the suit, the Court may, of its own motion, cause such person to be summoned as a witness to give evidence, or to produce any document in his possession on a day to be appointed, and may examine him as a witness or require him to produce such document.
Section 30 b of Cpc
(b) Issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid;
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Yes you can go with section 30b with order xvi rule 14
And produce the evidence of all bank transferred NEFT or online or western money control the crores of amount. And can ask explanation of all those money.
No new petition. File an application to the court under provision of that law.
If court do not grant permission , and examination of witness is necessary, then you may approach to high for a stay order of the proceedings and necessary directions to the court to allow the application for calling new witnesses. If high court thinks it is required for proper justice , court may order in that direction.
1. Yes, the court is right. At this stage you can reopen your evidence and summons someone who is belonging to the side of the respondent without sowing valid reasons.
2. Moreover the case is filed by you and hence you will have to win the case on your merit. You can not take advantage of the weakness of your wife's case.
3 So I regret you can not reopen the evidence and summon the parent of your wife anymore.
IN criminal trail court can summon a material witness, or to examine a person at any stage but such option is limited in civil matters.
Point is wrongly decided by court. Party can summon any person as witness.
There may not be practice of submitting list of witnesses in family court but it is mandatory, take this ground in revision and to summon witness, lower court wrongly interpreted the provision.
Vide powers with court to summon any person, dosen`t matter whether related to wife side.
Thanks for all your responses. As part of my evidence (petitioner's evidence) I have submitted all relevant evidences and they are marked. No new evidences are introduced. Though the money was transferred from a joint account held by me and my wife, my wife (respondent) pleaded ignorance of the transfers. Had my wife admitted, there would not have been the necessity to summon. From the responses above, I am inclined to go towards revision. But I appreciate if you can answer one question: The people I am going to summon are not going to support my case. They will try their best to evade from answering and may also sling mud at me (of course, we have sufficient other evidences to catch them if they lie). But, if I call them as my witnesses, is the court going to treat as if my witnesses did not support my case ? How do the courts view this ? Is the court going to treat them as hostile witnesses or enemical witnesses ? Thank you again for sparing your time.
the Court has wide powers to summon
any person as a witness or examine any person in attendance
though not summoned as a witness or to recall and re-examine
any person already examined, and this can be done by the Court
at any stage of the inquiry or trial or other proceedings under
the Code, and the Court is enjoined to summon and examine
or recall and re-examine any such person if his evidence appears
to be essential to the just decision of the case.
They would be court witnesses
No concept of hostile witness in civil proceeding merely because he/she disposes against you, if they delivered against you, you only shall be responsible.
Summon them u/o16 R 14, than it shall be witness to court only.
For summoning of witnesses from your wife family you need to file revision petition in District court.
You can object to the illegal activity. If the same as stated above. You only have option isto shut
Its totally depends upon cross questions time procedure by your lawyer no matter how smart are they if you have proofs in your favor that money has been transferred on your account to their, you have to stick to this point only and prove in the case. MONEY GOT TRANSFERRED IN THEIR ACCOUNT AND THEY RECEIVED IT PLUS UTILIZED ALL THOSE AMOUNT.