91 CrPC rejected by magistrate
I am facing a DV case after break up in Live In Relation.
I came to know that the lady who was in living relation with me was already married and still married.
As I understand, an already married lady is not entitled for any benefit from other than her husband under DV Act.
Somehow, I came to know the details of her husband and started to gather some proofs for their relationship as husband and wife.
I able to get a few of their photographs of marriage and a joint home loan account with SBI.
I even got the number of their home loan account and knew the fact that the they both have jointly applied for the home loan and also submitted their various ID proofs and relationship proof to the Bank. SBI bank denied to provide me any documents as third party and even denied RTI.
Finally, I filed application under 91 crpc requesting magistrate to summon the Joint Home Loan File as it will reveal an important aspect which is relevant to this DV case.
But Magistrate dismissed my application stating that "the court cannot help parties to collect evidence for the case".
Kindly advice the next step....
Asked 8 years ago in Family Law
Religion: Hindu
I filed this application under two files, DV case and 340 crpc. Both were rejected with same reasons.
Stage: In DV case the party has submitted her Affidavit, but cross examine not started yet..
So, Now can i go for revision for rejection under 340crpc case.
1.Revision is session court OR 482 in high court, which is better option.
2.Revision under DV case or 340, what will be better.
3. Or should i wait and file the same application at the stage of evidence after cross.
Asked 8 years ago