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Krishnaya vasudevaya (--)     28 December 2014

Polygraph test against wife for imposing section 125

Hi 

I married on December 2012 and since November 2014 my wife left and she doesn't want to come back. She has send family court notice under section 125 to pay 25k every month. She also made false allegations against me which are baseless. 

 

While responding to the notice, is there a legal option to voluntarily accepting a polygraph and lie detector test and also requesting the opposite party (wife) to undergo the same test?

 

Is it legally possible? If yes what are the procedures to file it?

 

Regards



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 December 2014

Dear, Courts as a matter of routine don't allow, especially in civil like cases ....better gather other evidences to prove your case.... Kapil Chandna Adv 9899011450

Jaya Pathak (Paralegal)     28 December 2014

Krishnaya, is your wife a criminal to take polygraph or lie detector test.... ?

1 Like

Krishnaya vasudevaya (--)     28 December 2014

Jaya, 

 

It's not the question whether she is a criminal or not. It's the question of how can I prove i am innocent. If I am ready for the test, she should also be ready if all her allegations are true. 

 

Only lie detector test can nail her stating all allegations made in the notice are baseless. If it;s proven she has made wrong claims then yes as per supreme court I can claim that she came to court with unclean hands and file a case of perjury. 

 

N R Dash.. (Advocate)     28 December 2014

It seems you are too impatient to wait for the judicial proceeding & wish to get quick results in your favour. The judiciary system does not act in that way especially in quasi-civil cases.

 

Keep all your evidences and hire a good advocate to defend your case. You will be given ample chances to prove yourself by the evidences and cross-examination of your wife & her witnesses. Its not a one-day affair. So be patient & yes take the help of an advocate in due course of time.


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