Shankar (senior officer) 04 May 2012

False complaint

Hello sir,

I have a question here... In one of my friend's case, the wife has filed false complaint in police station using 498a case dowry harrasment in her native place. Due to this issue, he took anticipatory bail.

She left matrimony home before 8 months stating both children were not born to my friend and he is impotent.. they sent SMS also. They also filed Maintainence CRPC 125 case againt my friend for claiming maintainance in their native place. My friend filed divorce case against his wife due to this false complaint.

My question is:-

Will the SMS copy be considered as evidence in court of law..?

What steps to be taken to approach this Maintainence cases..?

Burden of proof lies under petitioner or respondent..?

Please advise.

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4 Replies

Advocate M.Bhadra 04 May 2012

In your first question the answer is: the SMS may be as an evidence with due permission from the Court, second: to defened a maintenance case your friend should file an objection with showing his income and liabilities also, third: burden of proof would be upon the complainant/petitioner.

JANAK RAJ VATSA (ADVOCATE) 04 May 2012

sms may be taken as a piece of evidence as decided by the court. ur friend should contest the maintenance demand vogorously and deny the same. the burdern of proof wil be on the petitioner.

Shankar (senior officer) 05 May 2012

Thank you sir for timely advise.. In this case, how far the court direction against DNA Test. is it possible by requesting the Honorable Court to conduct Medical Test..?