sir,
If in DV case no medical of injuries but other domestic violence matters proved. then what are the chances of getting convicted in 498?
ram sharma (Software Engineer) 26 October 2013
sir,
If in DV case no medical of injuries but other domestic violence matters proved. then what are the chances of getting convicted in 498?
Sudhir Kumar, Advocate (Advocate) 26 October 2013
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 October 2013
ram sharma (Software Engineer) 26 October 2013
sir, actually my wife is able to prove that we used to torture her by not providing phone and she was never allowed to visit her parents house because after marriage she never been to parents home. also she proved that i thrown her out of house and left her alone in the rented home and on requests still didn't allow to enter. so now i feel that she might prove that we have done domestic violence. then i want to know that what are the chances of getting convicted after domestic volence is proved?
ashoksrivastava (scientist) 26 October 2013
Originally posted by : ram sharma | ||
@ querist both are different cases. For conviction under 498a following needs to be proved beyond reasonable doubt 1) there was demand of dowry and |
2)there was harassment to extract dowry or
3) there was wilful life threatening cruelty.
regards ASHOK
Reformist !!! (Other) 26 October 2013
hw she proved all this.............did u confessed to something during cross ??? These activities are not related to demand of dowry....so i dont think conviction will come
Reformist !!! (Other) 26 October 2013
hw she proved all this.............did u confessed to something during cross ??? These activities are not related to demand of dowry....so i dont think conviction will come
ram sharma (Software Engineer) 27 October 2013
sir, actually i needed her phone so after marriage i had taken her phone and when i have to go out of india i again took her phone and i mentioned in my complaint against her.
Adv. Chandrasekhar (Advocate) 27 October 2013
The offence that is described in Section 498-A is more severe than the illegality defined in Domestic Violence Act. Further, the quality of evidence required in the former is 'beyond reasonable doubt' where as in the latter it is 'preponderance of probability'. Hence, you need not worry on that count. That does not mean, independently, the prosecution may prove the charges on the basis of the evidence led in Section 498-A case. That solely depends upon how prosecution brings home the charges, independent of what was proved in DV case.