DV case
shruti
(Querist) 15 March 2017
This query is : Resolved
Case under section 18,19,20,22and 23 of DV act filed by my friend An interim order has been granted by court of RS 4000/-. It is further mentioned to put up file on 6.4.17 for sakshaya applicant. Kindly guide for following points-(1) how the case shall proceed further?what is meant by evidence stage?(2) whether she can typed her bayan in place of presenting herself in court?(3) she want to get bayans of 4-5 person in this case. Whether she have to file shapath patra of them in court or bayan can be given without producing shapath patra. If shapath patra are to be given, whether all to be given one time or may be in piece meals. What is time limit of submitting shapath patra in court?
Ziaur Rahman
(Expert) 20 March 2017
She will have to appear and depose. She will be subjected to cross examination by defence. All the witnesses who will appear will have to take oath and will be subjected to cross examination. If her claim is not proved in trial, she will lose the case and the interim maintenance too. All will have to personally appear ...mind it. There will be trial in accordance with Code of Criminal Procedure 1973.
Rajendra K Goyal
(Expert) 21 March 2017
You asked:
(1) how the case shall proceed further?what is meant by evidence stage?
Reply:
Evidences from both sides, arguments and then decision are stages after it. Evidence stage refers to evidence from both sides.
Rajendra K Goyal
(Expert) 21 March 2017
You asked:
(2) whether she can typed her bayan in place of presenting herself in court?
Reply:
She can submit affidavit if court allows,
she have to appear and face cross examination personally.
You asked:
(3) she want to get bayans of 4-5 person in this case. Whether she have to file shapath patra of them in court or bayan can be given without producing shapath patra.
Reply:
If court agree, may file sapath patra but have to appear personally for cross examination.
Rajendra K Goyal
(Expert) 21 March 2017
You asked:
If shapath patra are to be given, whether all to be given one time or may be in piece meals.
Reply:
Can be given as allowed by the court. Generally Court prefers witness in person.
You asked:
What is time limit of submitting shapath patra in court?
Reply:
On the given time permitted by the court.
