Hello,
You have mentioned that neighbors were not willing to come to court on the request of the husband. Your husband may even be threatening them to not come to your aid. If that is the case, then you can assure your neighbors that the behaviour of your husband is a crime and you can file a criminal case under section 503 of the Indian Penal Code which is punishable by two years imprisonment, with or without fine. Since your case is already proceeding in court, it is a simple matter to file a request to the court to issue summons under section 311 of the Code of Criminal Procedure which empowers the Court to summon any person as witness if it is essential to the just decision in the case. This section shows that the power of any Court to summon any person as a witness or examine any person in attendance though not summoned, as a witness was or to recall and re-examine any person already examined, may be exercised by it, at any stage of enquiry, trial or other proceedings under this Code. In Jamatraj Kewalji Govani Vs. State of Maharashtra, the court held that Section 311 of the Cr.P.C give a wide discretion to summon material witness or to examine a person present in Court or to call a witness already examined. So you must file such a petition drafted by a competent lawyer to enforce your neighbour's appearance in the court.
Regards,
Advocate Ashok Kumar; www.lawkonect.com
