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naives (Manager)     01 March 2015

Wife's fake medical certificate in dv case

Hello there, As per information from our lawyer,Brother's wife has presented a Medical certificate in her DV case against us. Mahila court has closed her case pretty soon and our local town's court too has changed their DV and 498 complaint into a case instead of giving it further for police investigation but now the girl and her parents have taken a long date for next hearing in local court and have taken the same issue Family court in different town. I wonder if her Medical certificate would be taken seriously. She has given names of my old mum, brother and us sisters who live abroad!



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 8 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     01 March 2015

If u r sure it is fake cert.file Cr complait
1 Like

naives (Manager)     02 March 2015

Will have to find first what Cr Complaint is...Fake Certificate as in they've probably paid some doctor for it...but yes otherwise no DV ever took place...she and parents were not leaving us space to even breathe without harrassing us every week....

yogendra (engineer)     03 March 2015

THESE TYPE OF MEDICAL CERTIFICATE DOESN'T HAVE VALUE....READ INDIAN EVIDENCE ACT 1872......

2 Like

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

If it was a fake certificate, you may challenge it during trial.  Since the case is being prosecuted by the government (Police), she need not attend the court on each and every hearing hence she can play no role in taking a long time.  Please confirm if it was a police case or private comkaint before the magistrate.

1 Like

naives (Manager)     05 March 2015

Respected members,Thank you very much for your time and consideration to help me by answering. T. Kalaiselevan sir, the local court has put this as a complaint (cannot remember the word now it's called something like 'Istefarnama' or something) but the girl and her side have taken it to another court now as they prefer to involve Police and not to change it into a private complaint. The only important thing so far that they have is the Medical Certificate they got by paying some greedy doctor.Else they have nothing against us in their hands except lots of men with her father that he always used to bully my only brother and old mother in India...May God bless the angels on this site as they are helping and supporting so many naives as us.

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

She cannot change the court at her fancies and whims.  If she had filed a private complaint before the court in the event of police not responding to her complaint, then the court will direct the police to initiate action if the complaint appears to be genuine enough.  You are not giving proper details hence you are not getting proper opinion to your query.You may ask the details from the local lawyer and post the same here so that  you will be guided properly by experts here on further issues.

1 Like

naives (Manager)     08 March 2015

Okay Sir, will get more details from the lawyer...thanks

naives (Manager)     21 April 2015

DV & Dowry case...

As per our lawyer,  the local court ruled that the police will not be involved but the matter will be taken forward in the local court as a complaint so the girl has to give her statement in the local court followed by their so-called witnesses etc. But the girl is not appearing in this local court at all and they have filed the matter in Family court in a near by town asking the family court to take it for 'Revision'.

Our lawyer says that the girl and her family are not appearing in the local court as they don't like the decision of the local court and want to only give importance to the Family Court where they have taken the same DV and Dowry case for revision.

As the matter has been taken forward by girl's side to the next court for revision, we have been allocated a govt. lawyer(as per information from our private lawyer). Now the next hearing is within 10 days.

Summons were sent for My over 63 yrs old Mother, brother and us the sisters who don't reside in India.

Our private lawyer keeps on insisting to send him papers as proof for court that we don't reside in India, but we are more concerned about the fake blame the girl is putting on mother and brother about DV and dowry.

We have pictures of her happy in her matrimonial home, have audio recordings of her and her mother talking so much rubbish over the phone and laughing etc. but our lawyer has been discouraging us against presenting audio recordings saying these will not be useful also that these will need Voice regcognition.

Does anyone know who is responsible for getting voice recognition done for such recordings? Is it a good idea for brother to appear in the Family court or he should just keep on sending the lawyer to represent him and take dates after dates for next hearings?

Is it necessary to send some documents to India to show that us-the sisters are not living there. At least if our names are out of the cases then we can if needed be in India to support our brother...

Kindly advice.

 


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