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Nandha (NIL)     29 March 2013

Is it a valid witness

Dear Experts,

 

One of my uncle's son and my mother were at home when my wife created a drama (she herself banging on the door with her hands, but later she claimed that the injury was due to husband's physical assault by twisting her hand).

 

My uncle's son was a witness.But he was only 17 years old when he saw the incident. He will be turning 18 next month. In case my wife files DV citing the injury which she did it to herself, can my uncle's son be a witness  in court and will his statements be accepted by court? 

 

I came to know that she converted her self injury into physical assault and produced a medical slip of a govt. hospital before the police station. When I  opposed this, the police officer ignored it and did not enquire about the incident, instead he asked me to leave everything behind and whether I can take her back or not. I said, if she comes, then I can take her. Now, two months have gone, she has not come back.   

 

My query is that after having known that wife has falsely converted her self inflicted injury into physical assault by husband, should I oppose it? Though no FIR or formal complaint is lodged against me in police station, should I still write to the police officer refering the meeting and explain how she created a scene and injured herself?

 

If I should write to the police officer, please let me know the procedure. Thanks.

 



Learning

 8 Replies

SAA_Bombay (Pro)     29 March 2013

Write a letter to police station briefing everything, you will be on safer side. Make sure police accept your letter & you acknowledged that letter. Before your wife create any other scene in front of police. 

Tajobsindia (Senior Partner )     29 March 2013

1. If your uncle's son understands the question asked to him if and when volunteering as your witness and gives intelligent answers to them, then he is a valid witness ir-respective of his minor status at the time such and such incidence took place. This is when her side’s object to his being minor when incidence took place and is not reliable witness obejction.

 

2. Ask by way of posting a RPAD as well as by hand delivered with receiving stamped / signed a letter to concerned IO citing reference to such and such date complaint containing an annexed medical report of a Govt. Hospital for ATR (Action Taken Report) and also seek help in same Letter when IO will direct wife for her return citing it was your wife who first approached him (IO) with certain medical reports and upon IO's direction to you to take back wife you agreed and now so many month have passed and she has not joined matrimonial home.

 

Now wait and see how much face saving he (IO) does. Your required course of act is done and all materials are thus created for any future court cases against you. 

SUBHA RAJENDRAN (ACCOUNTANT)     29 March 2013

Dear Experts, I got married in 2010, i was stay with him for only two months after that i came to my fathers home due to some problems with him, after i came to my home he was absconded still we cant trace him, we asked his relatives and friends, they are not ready to help me, how can i get divorce from him. pls help in this. i never get answer for this till now..

Tajobsindia (Senior Partner )     29 March 2013

@ Subha


1.
You probably never got answer for a simple reason you are querying us in some other queriest started thread post. Had you asked us same question starting your fresh thread query post you would have got reasonable reply by now.

2. However, the suggested opinion first is to hire an advocate via reference and then file plain vanilla divorce suit in Court jurisdiction where you ordinarily reside under desertion ground (for invoking this ground minimum 2 years desertion of parties are needed) and serve upon his last address Notice of the Court and later the case will go ex-parte and you are thus divorced from him by a Court on desertion ground. Wait for appeal period (90 days) and start life afresh.

 

Nandha (NIL)     29 March 2013

Originally posted by : Tajobsindia

1. If your uncle's son understands the question asked to him if and when volunteering as your witness and gives intelligent answers to them, then he is a valid witness ir-respective of his minor status at the time such and such incidence took place. This is when her side’s object to his being minor when incidence took place and is not reliable witness obejction.

 

2. Ask by way of posting a RPAD as well as by hand delivered with receiving stamped / signed a letter to concerned IO citing reference to such and such date complaint containing an annexed medical report of a Govt. Hospital for ATR (Action Taken Report) and also seek help in same Letter when IO will direct wife for her return citing it was your wife who first approached him (IO) with certain medical reports and upon IO's direction to you to take back wife you agreed and now so many month have passed and she has not joined matrimonial home.

 

Now wait and see how much face saving he (IO) does. Your required course of act is done and all materials are thus created for any future court cases against you. 

 

@tajobs,

 

Thanks for clarifiying point.1

 

Actually my wife did not come to the police station, it was my FIL & BIL who came to police station. They showed the medical certificate to the police officer.  Since she has not come to police station, will it be considered that she approached 'first'. Even when I was called to the police station, I was informed that my FIL & BIL had approached the police station to seek help to collect the old clothes of my wife & kid from me. I insisted that let my wife come and say that she does not want to live with me and then I will return the clothes. Then, the police officer called my wife on phone and he informed that "your husband is warned and he will not repeat such things, he will come to take you".. etc...

 

The police officer almost compelled that I should go and bring her,  but I informed to the police officer that she can come and join me at anytime from nonwards.  

 

Is there anything wrong on my part? please advise. 

 

Regarding your last line, do you mean that their approach to police station first had given them advantage?  

 

What to reply to the police officer, if he again compels me to go and bring her?? please advise

 

thanks 

 

Nandha (NIL)     30 March 2013

@tajobs,

your comments please.

Tajobsindia (Senior Partner )     30 March 2013

1. Hire an advocate via reference.
2. Pay his professional fees.
3. Ask him to help you in understanding
Para 2 of my reply. 
Reasoning:
Free advice is always overlooked / ignored / difficult to understand in free legal portals.

 

Nandha (NIL)     30 March 2013

@tajobs, 

 

I have not overlooked point 2. But I wanted a further clarification as above.

 

Once again thanks for your valuable advise.

 

 

 

 


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