crpc 91

enjoylife (Querist) 26 June 2011 This query is : Resolved
can husband request for crpc 91 to get following details

Cellphone details-- wife has accused husband of asking dowry on day which he was not present in state.

Bank CCTV footage using wife taking jewllery from locker and still acussing husband of witholding her jewellary

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n.k.sarin (Expert) 26 June 2011
Yae these are the very good evidence which can be used as defence.

enjoylife (Querist) 26 June 2011
question is do family court allow such request and direct phone co and bank

prabhakar singh (Expert) 27 June 2011
Yes,husband can request family court to summon those details.

Guest (Expert) 27 June 2011
it is upto to the judge's discretion to allow or not. it is for you to press the application in your favour or go to revision

Guest (Expert) 27 June 2011
You must insist for production of such evidence in your defence, if that exists. That is your right for the purpose of your defence.

enjoylife (Querist) 27 June 2011
thx
last quesion on this
can medical note from private hospital Psychologist be requested under crpc 91
husband and wife went 4 consenuling to him.
after that they never co-habited and false 498a case was filed

prashant pundhir (Expert) 27 June 2011
Whenever any court considers that the production of any document or thing is necessary or desirable for the purpose of the trial or other proceeding under this code by or before such court,such court may issue a summon to the person in whose possession or power such document or thing is believed to be,requiring him to attend and produce it.
Also clause(2) of the section says that 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 cause such document or 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 .
Medical note is a very important document for the defence .You have have the right to request to the court to call the same for the evidence u/s91cr.p.c. or 91(2)cr.p.c.

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