Whether statement given by person aged 85 years is admissible in the court of law ?
Anwaar Mohammed
(Querist) 13 November 2016
This query is : Resolved
Hi
Kindly read fully and advise…..If I have missed something please ask
‘X’ Female , Muslim Aged about 85 years having 9 Children.
‘A’ Male aged about 50 years, 7th of 9 Children
‘B’ Female aged about 60 years, 3rd of 9 Children
2004 & 2010:
‘X’ lives with her husband in the 1st floor of the house measuring approx 900sqft consisting of G+2 Floors. X's Husband dies in 2004.Post the demise she continues to live the first floor and also visits and stays with her children periodically. ‘A’ resides in the 2nd floor of X's house all along with his wife and son.
2010 : Gift Settlement by ‘X’ in favour of all her children:
In the year 2010 ‘X’ executes hibba (Gift settlement) of the said property in favour of all her 9 children for which ‘A’ shown disagreement from the begining. Registration is not needed and it is valid under Muslim personal law.
2011:
‘A’ illegally takes ’X’ to register office to register the property to him alone and forces her by threatening that he will commit suicide for which ‘X’ and her children will be held responsible, fearing that, ‘X’ executes the settlement deed in favour of ‘A’ alone and registers the same.
2012:
Remaining children (3M+5F) filed a civil suit against ‘A’ and ‘X’ in the City civil court and it is pending till date.
Same year ‘X’ reports the suicide threat by ‘A’ to local police station and CSR for the same is issued, In the same complaint ‘X’ explains the true nature of ‘A’ and wrote how ‘A’ threatened and cheated her to execute settlement deed in A’s favour, after that ‘X’ continues to live with her remaining children.
2015:
“A” in the fear of loosing the case, takes home ‘X’ and again threatens her with dire consequences if she didn’t favour ‘A’. As she did not comply, A, his wife and his son, beats and throws ‘X’ on the road for which ‘X’ taken treatment in Government hospital, subsequently filed a complaint with the local police and also with the Assistant Commissioner as local police failed to take action and C.S.R for the same is provided. ‘X’ is rescued by one of her daughter “B”
2016:
Till July 2016 ‘X’ resides in B’s home. On April 7th 2016, “A” forcefully takes ‘X’ from B’s home by saying that he is sorry for the things he has done in the past and apologized to ‘X’ and begged her for a chance to correct himself. Believing his words ‘X’ went with him in half mind. After two months when enquired through some known persons about X’s well being, ‘A’ claimed that ‘X’ is not with him and he denies the April 7th 2016 incident. Her existence is still unknown.
Now:
On 5th July 2016 ‘B’ went personally to enquire about ‘X’ in house where ‘A’ resides (formerly X’s house which is pending adjudication). When enquired ‘A’ threatens ‘B’ that he will cut her foot if she sets her foot inside the house. Fearing that, she lodged a complaint with local police which they refused to take. So ‘B’ files complaint with Commissioner of Police on 3rd August 2016 for which no action has been taken till date. So ‘B’ files Habeus corpus petition in the High Court to find and produce ‘X’ in the court and to take lawful custody ‘X’.
‘X’ is basically very sensitive women and she loves all the children equally and agrees that what she had done is wrong(Registration in 2011)but ‘A’ used this for his personal gains. Even now she might favour ‘A’ because of his suicide drama.
If ‘X’ gives statement that she will stay with ‘A’, will the court allow her? Considering the complaints filed by ‘X’ against ‘A’ in 2012 and 2015, Because these complaint shows the Malicious intention of ‘A’.
My question is if ‘X’ gives statement favouring ‘A’ whether it is admissible in the court of law as she is 85 years ? if no please provide relevant cases
adv.bharat @ PUNE
(Expert) 13 November 2016
Yes it admissible, if she give statement without any fear.
Kumar Doab
(Expert) 13 November 2016
If she is mentally sound, then her statement is by a person of sound mind.
R.K Nanda
(Expert) 13 November 2016
query too long .
Anwaar Mohammed
(Querist) 13 November 2016
Thank you so much for your response.
How to determine if the statement is given without any fear ?
As for the sound mind, she is little complicated...She will contradict her statements frequently, it might look as if she is lying but this contradiction definitely has something to do with age(Like memory loss), Aged persons tend to say things and forget.
@R.K.Nanda
Yes i agree....but the thing is if i ask just a question without the proper background...next thing you will ask is how, when, where so i tried to brief it as far as possible. Ignore if you don't want to respond, no offense.
Kumar Doab
(Expert) 13 November 2016
Ref; your last post.
Your own counsel would need to handle, it.
Devajyoti Barman
(Expert) 13 November 2016
query too long for me as well to give my opinion.
Anwaar Mohammed
(Querist) 14 November 2016
Ok I am going to put it simple.
A mother aged 85years is under illegal confinement of one of her son, on whom she had filed several complaints with police in the past. She is threatened by her son with his suicide drama. Now her existence is unknown to remaining children. Lastly she is seen and known to be residing with him. Police aren't helping.
So one of her daughter filed HCP to take custody of her mother who is in scared. However this mother is under the same suicide drama influence. So she will mostly favour her son.
Rajendra K Goyal
(Expert) 14 November 2016
Seems moot problem.
How are you concerned?
Sudhir Kumar, Advocate
(Expert) 14 November 2016
No time to read long narrative.
any one who can :-
(i) understand a question; and
(ii) convey a reply
is a competent witness to disclose the facts know to him.
Kumar Doab
(Expert) 14 November 2016
Revert to point raised by expert Mr.Arunagiri : What is the result of HCP?
Anwaar Mohammed
(Querist) 14 November 2016
HCP Still pending in High Court.
