Angad 12 September 2018

Confronting opp party in divorce proceedings

Dear Experts,

I am contesting divorce filed by my wife. Issues have been framed. She submitted her evidence by way of affidavit on last date. I am contesting divorce party-in-person due to some reasons. Judge directed me to cross-examine her on next date (25th september). I want to confront her with evidences (like some of the documents signed by her) which are in possession of some public authorities. Those documents support me and go against her written statement. My queries are:
(i) Can i confront her with documents by requesting court to direct public authorities to produce those documents?
(ii) Under which section/law shall i request court to summon/direct public authorities to produce those documents?
(iii) Will judge fine me if I don't cross-examine wife on next date of hearing by telling her that I will cross-examine her after the documents are produced by public authorities on direction of Court for confronting them to wife?

(iv) Shall i cross-examine wife on next date without confronting her with documents signed by her and later recall her after those documents are produced by public authorities or wait till court decides my application to summon authorities and till sought documents are produced in Court?

Please guide me.

Thank you very much.

Regards,
Angad

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Adv Deepak Joshi +917017821512 (Advocate) 12 September 2018

Section 91 in The Code Of Criminal Procedure, 1973

91. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed-

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.