Certified copy of surety bond furnished u/s 116 (3) of crpc
I would request your opinion on the following situation:
A case in the domestic voilance act is filed by wife, A, against her husband, B, and his brother, C. A has submitted that her husband in conspiracy with his brother is tourtering her from a long time. The husband in his reply has denied the allegations and has submitted that he does not have any relation with his brother and they both are living seperately. In an another case u/s 107 of crpc between the wife and the brother of the husband, the executive magistrate issued a notice u/s 111 to show cause why both the parties should not be ordered to furnish a bond u/s 116 (3). The wife filed the reply of the notice and has not furnished the bond. On the other hand, the brother of the husband furnished the bond in which the surety is husband. My queries are:
1. Since it is a perfect evidence that the husband is living with his brother, can the wife request the executive magistrate to provide the certified copy of the bond to furnish the same in the domestic voilance act.
2. Can the executive magistrate deny to provide the same any ground.
I request your valued suggeations on the above.