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dhruv (other)     14 July 2013

Is evidence needed by wife for convicting me?

Wife can file all false allegations to harass husband. This will cause harassment to husband and his family.

But if the husband just fights it out and stands firm does he in the end finally absolved of all charges due to lack of evidence?
 Or is the mere statements of wife against the husband taken as evidence that  husband was indeed harassing her and so husband is conviced in the end if he does not bend before wife unreasonable demands?

I am basically asking whether wife statements alone are enough for conviction of the husband because of some special nature of the 498a and DV act laws? Or for conviction finally the proofs are really necessary?

E.g. I am willing to fight out because there  is no truth in my wife's statements. But in case due to absence of evidence against her statements will I be convicted in the end? (This is a theoretical question)

 

I.e. another way to put the question? Apart from harassment and temporary police arrest does the wife's statements have any more threat because they are without proof?



Learning

 5 Replies

dv (ghvhb)     14 July 2013

Good question ..looking for experts opinion.

fighting back (exec)     14 July 2013

my dear...evidence is definitely needed..else half the population of india would have been behind bars.......and india would have exported prisoners.!!! the court should be 'satisfied beyond doubt' to punish a person.. that itself means that if it is even hinted to the court that this case is doubtful then no conviction..but yes you will be running like milkha singh to the courts and back. and that is a big punishment in itself.  

there should be doctors report to prove that the woman was assaulted.\

there should be eyewitnesses

there should be a couple of police complaints done by the victim to report to the police of the harrassment meted out.

there should be electronic media recording or the cruelties caused to her/

she should have attempted suicide and if  there is a medico legal case that is registered.

 

these are some of the points that are required to prove a person guilty. even then these cases take at least five to seven years to get completed. so this is a punishment in itself.

1 Like

dv (ghvhb)     15 July 2013

Good question ..looking for experts opinion.

(Guest)

Stop getting scared/worried so much.


Your lovely wife will make 1 lakh allegations against you and your parents, but it does not necessarliy mean that you all will be convicted and spend the rest of your lifetime in jail.


Such allegations have to be proved.


If your lovely produces false witness, those things can be cross checked during cross examination.

If found that such witness are false, and that your lovely has lied under oath.. You can file prejury case [shyan munshi case, as he did lie under oath and wil sit inside for a good 5-7 years] against your wife and those false witness and she will coolly sit along with her drama company in jail for 5-7 years.  


After doing all this tamasha like filing false cases under 498a, PWDVA 2005 and when nothing is proved and you come out clean, court will grant divorce to you based on mental cruelty meted upon you by your lovely, as filing fasle cases against husband is a very good ground for granting of divorce.

1 Like

Please Help Me (ITA)     18 July 2013

thanks sir for this encouraging reply .. i was not able to sleep the night when i got to know what all are the allegations my wife has put against me,my family and my relatives. so far fir has not been filerd but i am relaxed for the fact that everything has to be proved with proofs in the court before the hon'be judge ... 

sir i have 1 question also, i have video proof my wife is threating us, another video she is saying dont enter my room and be in your parents room ..a video where she is showing slap to me .. 

audio where she is talking like as if she will kill us .. 

will these help us showing her cruelity ?


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