Maintainability of Application U/S 91 Read with 311 Cr.P.C

17-Aug-2023 (In Domestic Violence Law)
Maintainability of Application U/S 91 Read with Section 311 Cr.P.C in Appellate Court (Delhi). Please help me with case law. # Wife Filed DV case in Delhi Court. I Submitted my WS. # She suppressed her working status in her detailed income affidavit. #I filled my Written Arguments along with Evidence showing that wife is working. I collected her working status information through RTI. # Ld. Trial court dismissed interim application after appreciating RTI evidence. # She filed appeal under section 29 in Ld. additional session judge court. # Ld. asj straight forwardly denied to accept the RTI evidence. # Now I want to file An application u/s 91 read with section 311 (call for record)at this stage. # Please help me to know that at this stage this application is maintainable or not in appellate court.
Answers (1)

Answer #1
899 votes
The application under section 91 crpc r/w 311 crpc can be filed at any stage of the proceedings. Therefore, arguments to that effect where it can be established that the witness you are seeking to examine or the evidence you want to laid before this court will be essential for the defence and for the endeavor of justice. once admitted, the witness can be summoned and call for the evidence.

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