497 ipc
Arvind Singh Chauhan
(Querist) 30 June 2013
This query is : Resolved
Sir,
Wife filed complaint against husband under DV act regarding torture and dowry allegation and was examined as witness. In her examination she put the same allegation and she deposed that her husband left her and never cared.
Later on complaint was dismissed in her absence, and her husband filed complaint under 497 IPC against A alleging that A had illicit relation with his wife and she got pregnant due to this relation. He filed pregnancy report/ultrasound report from a doctor who did ultrasound but is simply MBBS. Husband produced wife as witness who now says that A had sexual relation with her.
Whether wife's complaint and her evidence in DV act in which there is no such fact of adultery or character assassination, may help accused in the case of 497 IPC.
Whether pregnancy report/Ultrasound report of a doctor who is not sonologist is admissible in evidence. Plz seniors suggest with citations in favour of accused.
Here I have to mention that husband is making fool to wife that if she help him in suit of 497, he will take her back to home. Bit the reality is he is preparing defence for forth coming proceeding under 125 Cr.P.C.
ajay sethi
(Expert) 01 July 2013
the facts of DV case are different .in DV case wife had filed complaint regarding torture by husband and dowry harassment .
as far as complaint under 497 is concerned wife has deposed that she had sexual relation ship with A of her own accord and she was pregnant with his child .
the lack of details in DV case of adultery will not help the accused in 497 case .
the DNA tests will only reveal who is the father of the child .
Raj Kumar Makkad
(Expert) 01 July 2013
Admission do not require more evidence. The wife being a witness to the case of her husband has on oath admitted having her illicit relationship with A and becoming pregnant thereto. No more evidence is required to prove the allegations of her husband, The discussion over the qualification of doctor has no relevance in such circumstances. The assurance of husband seems nothing but an after thought story of wife.
