A DV case has been filed by my wife stage is at interim maintanence . Voluantry maintanence of Rs 3000 is being paid monthly.DV case is just draging on for past 1.5 yrs .The issue and objections was raised regarding the salary wherein the salary slip was sumbitted . As the objections was raised my counsel called for my employer as a witness on two occassions wherein a purshis too was sumbitted regarding the address of my employer . The opposite counsel stated that he has not called for the witness when he appeared on two dates.
Now the opposite counsel has asked for summoning of the witness due to some objections which has not been stated in writing and now my counsel has raised objections that the witness had come on two occassions and that the opposite counsel is just harassing the employer for which the judge refused to summon the witness again .But now the judge has changed and the matter is again raised for witness summons of the employer . For which summons have been issued .
"311. Power to summon material witness, or examine person present.--Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case."
The section is manifestly in two parts. Whereas the word used in the first part is "may", the second part uses "shall". In consequence, the first part gives purely discretionary authority to a criminal court and enables it at any stage of an enquiry, trial or proceeding under the Code (a) to summon anyone as a witness, or (b) to examine any person present in the court,
Experts your replies would be apperciated in order to file a protest application . Thanks in advance !!
