My husband hit me- but lawyer says it may not stand in court

i'd rather not answer that. thank you. can't anybody help me please?

your lawyer is saying true..

There are many loopholes in this stance.

1) why you not call 100

2) why yor husband hit you?

3) Who takes you to Doctor?

4) who bear the charges for the same?

5) why you not prefer govt. hospital?

Its a common practice of metro woman that to go to doctor and said she hit by husband and takee a note physical assault by husband..

Regards

Hemant

hemant not all of us know the law. and i didn't involve the police because at that time i was trying to save my marriage. also i have pictures of my injury.

and i went alone because i am alone apart from my wife beating husband

and why he hit me? isn't important. if you r not a lawyer then plz excuse me

1. If the concerned Dr. is specialist in ENT and has valid up-to-date Registration of the State Medical Board then his Dx / Rx will stand test at witness Box PERIOD.

2. Your lawyer is not proficient enough in medico-legal cases so it seems and is living in bookish dreams thinking that only Govt. Hospital Dr. or Govt. Clinic Dx / Rx sustains in Court and in any medico-legal case the litigant has to first rush to Govt. Hospital / Clinic be it so if they are 100 miles away !

3. If you have confidence of the “incidence” and treatment line followed from a qualified specialist Dr. then such medical treatment papers are sufficient to bring an civil damage / criminal complaint action in Court accordingly. Just remember that opposite party as well as you have to Examine the concerned Dr. relating to the “injury’ in witness Box and he should qualify to stand witness trial.

I don’t wish to comment on volley of cross questioning of other repliers in this post.

thankyou so much. could you tell me the ref. no. of the clause? the doctor is a specialist. could you plz also tell me something else? do you know a good agressive lawyer in mumbai please. i also don't have too much money. 

my husband contacted the lawyers in march 2012 quietly, and has had time to cook up proof against me. is there any way wherein i could request the court to ask him to submit his credit card statements and phone bills to me? i know he's been having an affair. also, he earns 1lakh p.m but gives nothing towards the house. i'm ill, and my father sends me mooney for food.

I'm going to ask for interim maintenance. how much will I get? mumbai is an expensive city. I don't have anywhere else to go. 

also, ( i know I may be taking advantage of your help here, I'm sorry. I'm just desperate) he has perfectly healthy parents who he's described as old and frail in his petition. Mother has a job. father has never worked a day in his life. and both parents encouraged him all the 4 yrs that we've been married, to leave me alone in our rented flat and go and live with them. he's a spoilt brat and cannot grow up.  money is like oxygen for them. they took out wedding gift money and went for a trip Bankok, we didn't even get to go to lonavala.

plz someone reply ..plz plz

Originally posted by : Tajobsindia
	1. If the concerned Dr. is specialist in ENT and has valid up-to-date Registration of the State Medical Board then his Dx / Rx will stand test at witness Box PERIOD. 2. Your lawyer is not proficient enough in medico-legal cases so it seems and is living in bookish dreams thinking that only Govt. Hospital Dr. or Govt. Clinic Dx / Rx sustains in Court and in any medico-legal case the litigant has to first rush to Govt. Hospital / Clinic be it so if they are 100 miles away ! 3. If you have confidence of the “incidence” and treatment line followed from a qualified specialist Dr. then such medical treatment papers are sufficient to bring an civil damage / criminal complaint action in Court accordingly. Just remember that opposite party as well as you have to Examine the concerned Dr. relating to the “injury’ in witness Box and he should qualify to stand witness trial. I don’t wish to comment on volley of cross questioning of other repliers in this post.( Tajobs is right when he says he does not wish to comment on the volley of cross questioning )

Reason being when doctor is called for cross examination opp counsel will question

1. you know Miss X 

2.  Are you sure that her ear drum was damaged after her husband hit her on the ear .or was it not prior to that in which she had injured her ear drum all by herself ??

3. so she came to you for treatment with a damaged ear drum

4. who was the recepitionist ?? whats her name ??

5. who was the nurse who atteneded ??  whats her name .

6. All three would have to come into the witness box .

7. Was it a damaged ear drum or a borken ear drum ?

8. And you treated her knowing that this is serious matter and as per law it has to be reported to the police station .Doctor quiet no answer/Recepitionist quiet/Nurse quiet  ?? opp counsel 

9. Did you hear my question ?

10. Did you understand my question ?

11. opp counsel on top of his  voice why dont you explain to the judge  why you did not report it to the police station and file and FIr ??

12. Doctor bending his head down with no answer ??

13. Inspite of knowing  as per law you never thought it fit to report to the police . Being a qualified doctor you have behaved like a illitrate person 

14 . You assisted in putting the matter under the carpet by not disclosing the same to the police and filing an FIR .

15. After so many years what made you come out of coma to disclose it now . 

13. so now patient is offering you money to disclose it and this a false /fabricated MLC  

14. doctor feeling ashamed .No ....no ... and embrassed and than similar questions to Mrs X as to why no FIR .

Originally posted by : stanley
	Originally posted by : Tajobsindia 1. If the concerned Dr. is specialist in ENT and has valid up-to-date Registration of the State Medical Board then his Dx / Rx will stand test at witness Box PERIOD. 2. Your lawyer is not proficient enough in medico-legal cases so it seems and is living in bookish dreams thinking that only Govt. Hospital Dr. or Govt. Clinic Dx / Rx sustains in Court and in any medico-legal case the litigant has to first rush to Govt. Hospital / Clinic be it so if they are 100 miles away ! 3. If you have confidence of the “incidence” and treatment line followed from a qualified specialist Dr. then such medical treatment papers are sufficient to bring an civil damage / criminal complaint action in Court accordingly. Just remember that opposite party as well as you have to Examine the concerned Dr. relating to the “injury’ in witness Box and he should qualify to stand witness trial. I don’t wish to comment on volley of cross questioning of other repliers in this post.( Tajobs is right when he says he does not wish to comment on the volley of cross questioning )   Reason being when doctor is called for cross examination opp counsel will question 1. you know Miss X  2.  Are you sure that her ear drum was damaged after her husband hit her on the ear .or was it not prior to that in which she had injured her ear drum all by herself ?? 3. so she came to you for treatment with a damaged ear drum 4. who was the recepitionist ?? whats her name ?? 5. who was the nurse who atteneded ??  whats her name . 6. All three would have to come into the witness box . 7. Was it a damaged ear drum or a borken ear drum ? 8. And you treated her knowing that this is serious matter and as per law it has to be reported to the police station .Doctor quiet no answer/Recepitionist quiet/Nurse quiet  ?? opp counsel  9. Did you hear my question ? 10. Did you understand my question ? 11. opp counsel on top of his  voice why dont you explain to the judge  why you did not report it to the police station and file and FIr ?? 12. Doctor bending his head down with no answer ?? 13. Inspite of knowing  as per law you never thought it fit to report to the police . Being a qualified doctor you have behaved like a illitrate person  14 . You assisted in putting the matter under the carpet by not disclosing the same to the police and filing an FIR . 15. After so many years what made you come out of coma to disclose it now .  13. so now patient is offering you money to disclose it and this a false /fabricated MLC   14. doctor feeling ashamed .No ....no ... and embrassed and than similar questions to Mrs X as to why no FIR .

That's why I am telling It is not maintaible in trial. In actual scenario doctor will not be present as witness also.

Originally posted by : HK_Jain...
	That's why I am telling It is not maintaible in trial. In actual scenario doctor will not be present as witness also.

I wish for a debate from Tajobs on this i know he can easily wriggle out of this situtation with an explaination  So that i can enhance my knowledge and it would help in my own PIP cross 

Originally posted by : manno
	in may , my husband hit me so hard, that my ear drum burst . i went to the doctor and got it fixed. however now that my husband has filed for divorce, my lawyer says the doctor's papers will not stand in court because he is not affiliated with any goverment hospital or clinic. is this true? i didn't know the law. but will it allow my husband to go scott-free?

 so simple is your question, any advocate with minimal intelligence and experience can solve your problems instead of pushing you  into further confused state.  Your advocate's advice is neither professional nor correct.  You require to change such advocate who believes that only a government doctor is competent enough to give evidence in the court and his testimony will be relied by the court.  But we are missing the real point.  Your husband hit you causing damage to your ear.  You did not take any legal action for his act.  But he filed the divorce case.  Most probably (you have not indicated in your querry), it is on the ground of cruelty.  If it is so, then where is the necessity for you to prove his cruel act of damaging your ear?  The burden is on him to prove any cruelty on your part and against him and not vice-versa.  So if you prove or fail to prove that your husband damaged your ear will not play a role in deciding the divorce case filed by him.  In other words, if you  fail to prove about the above said fact will not allow him to grant divorce.

Next, the method of proving a fact in criminal court and in civil court are different, as in the former strict proof is required, where as in the latter, preponderance of probability is the norm.  In the divorce case, the latter mode is applicable.  So, strict proof is not required to get favourable verdict.  If you want to prove the above said fact in divorce case (even though it is not the vital requirement to get his divorce case dismissed), along with your reply/written statement in the divorce case, file the original medical documents pertaining to the incident.  In the evidence stage, if is possible, get the witness summons  to the doctor who treated you and he will depose before the court by admitting his signatures on the medical reports and by identifying you as his patient.  No question about FIR and other things will be asked (most of the times even the judges will not permit such questions in civil cases).  If you did not lodge criminal complaint or register FIR or involved your relatives or did not say actual reason to the doctor for the damage of your ear, will not effect the case and it will not show you have been treated cruelly by the husband.  But if you file Section 498-A case or DV case on the ground that he has damaged your ear, then you have to prove these facts to the hilt.  But here, you are talking about divorce and hence, go ahead and do what I suggested ignoring unprofessional advice.

In response to your latest post, I suggest you to file Section 24 interim maintenance application along with pendente lite expenses(legal expenses).  The court will allow this application and you will get maintenance during the pendency of divorce case and as well as your advocate will get legal expenses from your husband.  Before parting with your querry, my suggestion is that you engage a reasonable intelligent and honest advocate instead of your socalled "aggessive" divorce advocate.  The advocates are two types- the one who plays for galleries (clients) and the other one who plays before the court with the power of legal knowledge and persuasive powers.  The former always behaves very rudely with the opposite party/counsel and shows brazen behaviour with the court and become hero before the client on every date of hearing but brings bad verdict at the end.  The latter category is respectfuly towards one and all and strictly deal with the issues logically and brings out the favourable verdict as much as possible for his client.  so, best wishes.   

he he, you got my 1 second allow me to park car will give you stark rebuttal from basement canteen just hang on buddy J