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fighting back (exec)     12 April 2012

How is 498a proved by the complainant

dear members,

 i have read numerous threads on this forum, just for my knowledge i would like to know that if a wife files a 498 / 498a against the husband, or  a DV against the husband, as per my knowledge the onus to prove lies on the complainant, then how does that complainant prove that the charges levelled are true and correct, especially if any past history before the complaint of any sort of mental or physical harrassment has not been reported to the police or the court, or if any sort of DV is not reported.  in my case i myself had lodged a missing persons report with the police when my wife left my house, after the police summoned her and took her statement, in no way it is mentioned in her statement that there was any sort of DV or harassment by any of the family members, it is just mentioned that there was a dispute between the husband and wife and so in a fit of rage i left the home, and no one is responsible, also later i took the matter to the womens cell by myself since my wife was creating a nuisance at home, here too there is no mention of any DV at home, she has only mentioned that my husand doesnt give me money to spend at home, doest come home since last 2 months, but it was she who refused to take me in the house to which i reported the matter to the womens cell, when they summoned her she did not turn up, she turned up after 2 months and gave the above statement.

dear members kindly advice, they are now threatening to file a 498a and DV against me and my family members, which is entirely false. kindly advice how is a 498a or a DV proved in court by the complainant.

thanks and awaiting your kind reply



Learning

 2 Replies

Vishwa (translator)     13 April 2012

Dear Rajanjoshi,

I sympathise with you because both these laws 498-a and DV act are such that once the cases are filed, they are likely to drag on for a long time without any clear outcome. The only thing you can do is to ensure that your life does not get totally disrupted.

Best of luck

Vishwa

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Yes, the onus is on the complainant to prove her case.

 

However, there has been no sure shot way whereby a man can avoid these being filed against him, if his wife is hell bent on filing these cases on her husband.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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