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yogendra (engineer)     17 August 2014

Hearsay evidence in dv act

How court reacts to hearsay evidences in domestic violence act.Experts please guide?If domestic violence happened at place X in 2013 and woman told this to person K living at place Y and later she file case with DV act after 1 year in 2014.Can person K will be used as hearsay evidence and how court react to that.There is no medical report in supporting of DV.



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 9 Replies

yogendra (engineer)     17 August 2014

KOi to kuch suggest karo....its urgent

Laxmi Kant Joshi (Advocate )     17 August 2014

If she have no evidence of physical violence upon her any medical report or police report in support of her allegation then her case will become weak in the court and may be dismissed , the evidence of the person whom the lady informed is a not a hearsay witness court will take his witness .

yogendra (engineer)     17 August 2014

Laxmikant sir,

                 I didn't understand clearly.are you telling that person  informed over phone can be used as witness?

Laxmi Kant Joshi (Advocate )     17 August 2014

Yes the person whom she informed over the phone is admissible as a witness in the court , your plus point is that she haven't police or medical report with her and she has filed the case after a year , you have not mentioned about your neighbour are they come forward to give their witness in her favour or not , from what period your wife is residing seperate from you .

498 WARRIOR (wqeqeqe)     17 August 2014

Let her say anything...to anybody......

1. you may say, the Y is her friend/ relative and hence its a pre-planned gameplan to put false allegations on you.

 

2. Prove that you were not in the city at that given date of DV. show proofs of travel - cab hire from a travel agent, hotel booking - even if its a small hotel of a friend / unknown person, tickets of shows / movies of that date, or pictures of any function.... just prove you were not even around that date...how can the DV happen ??

 

Also, without a police complaint and a hospital slip, no DV is accepted easily. so...not so serious matter...

yogendra (engineer)     17 August 2014

Thanks 498 A warrior, Thanks for giving boost.My lawyer also told no need to worry. laxmikant sir, No neighbor has been shown as witness.AS 498 A warrior told.The witness is her father friend.I live in gujarat and witness live in uttarpradesh.

498 WARRIOR (wqeqeqe)     17 August 2014

don't worry yogender... am also going through a this and much more....

meri wali...goes to police after almost every 4-5 days and files a police complaint of DV. even when i have not even touched her....  she is just collecting as many police complaints against me to show it in courts...  and when the police guys ask her to get a MLC done, she refuses. Now, i force the police to get her MLC done, and when nothing comes in the MLC, it gives me a boost.

 

 

 

 

 

Laxmi Kant Joshi (Advocate )     17 August 2014

@yogender , if no witness is there then no need to worry , don't submit any false and fabricated documents in the court on oath , otherwise you will face additional charges for it . @ 498 warrior , you are lucky she had not done her MLC in govt. hospital , you are not aware about the artificial wounds and its MLC , as you know how to ran from dv case she also knows how to drag you in dv and other cases .

498 WARRIOR (wqeqeqe)     17 August 2014

Joshi ji,

All MLC's she has got done are in govt hospital only. but then any govt doctor does not risk his/her job for a false MLC. I get the MLC copy through my sources and then can ask for a MLC again, and if the second MLC differs from the first, the job of the first doctor is at risk.. As of now, no MLC shows any mark of hurt / wound etc... And yes, am not taking anything lightly... the experiences making me learn new things every day.... Lets see how things unfold in future...........

 

 

 

 

 

 

 


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