My husband hit me- but lawyer says it may not stand in court

Originally posted by : Adv. Chandu 09868332610
	so simple is your question, any advocate with minimal intelligence and experience can solve your problems instead of pushing you  into further confused state.  Your advocate's advice is neither professional nor correct.    In the evidence stage, if is possible, get the witness summons  to the doctor who treated you and he will depose before the court by admitting his signatures on the medical reports and by identifying you as his patient.  No problem doctor is summonned . Doctor says he treated as woman said that she fell from the stairs on her ears and hence the injury .Like i said earlier opp counsel want they ask if it self inflicted injury and if husband hit than  why no FIR ???  But if you file Section 498-A case or DV case on the ground that he has damaged your ear, then you have to prove these facts to the hilt.  But here, you are talking about divorce and hence, go ahead and do what I suggested ignoring unprofessional advice. ROTFL  Section 498A was added with a view to punishing husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry i dont see any dowry demands by querist . As per your woman sympathetic replies to querist suprising no strong mention to file DV case .But isnt DV case strong as the law states within 60 days reliefs are given from summons  . And secondly as the woman is hard on cash legal aid to is available for them free am i right . In response to your latest post, I suggest you to file Section 24 interim maintenance application along with pendente lite expenses(legal expenses).  The court will allow this application and you will get maintenance during the pendency of divorce case and as well as your advocate will get legal expenses from your husband.  Even CRPC 125 too will do and legal expenses can be claimed or legal aid is avaiable free of cost in DV cases for women am i right . Before parting with your querry, my suggestion is that you engage a reasonable intelligent and honest advocate instead of your socalled "aggessive" divorce advocate.  The advocates are two types- the one who plays for galleries (clients) and the other one who plays before the court with the power of legal knowledge and persuasive powers.  The former always behaves very rudely with the opposite party/counsel and shows brazen behaviour with the court and become hero before the client on every date of hearing but brings bad verdict at the end.  ROTFL  you are degarding your  own counrty fellow men of black coats  and playing a game of divide and rule and hence justifying  your statement that you belong to the former   The latter category is respectfuly towards one and all and strictly deal with the issues logically and brings out the favourable verdict as much as possible for his client.  so, best wishes.    ............ROTFL

@ Stanley

 

Help yourself with attachment

Sorry Beta site error could not attch file !

It is here.

 

@ Tajobs you turn the Tables and can churn the wheel in any direction 

  This legal portal site is for interaction purposes and yes many cases go flat if actual usage of medico-legal law are applied and yet the person behind query one should feel as being layperson and Law as an art form to be used and minute legalintricacies comes with paid legal consultations is also my addendum view and such application should not be given for free bze what is free is under-valued J

 

Finally one should always remember action suit be it civil / criminal both spouse delay in social remedial scenarios but too much delay also leads the action just brought go flat in majority of cases which we have seen in floor of the Courts.

 

Now here is the essence of medico-legal action suit;

 

1. The general belief that only the doctors working in the government hospitals would be involved with such cases has now been dispelled by the recent decisions of the Hon’ble courts, particularly by the Hon'ble Supreme Court.

 

2. What is a Medico-Legal Case for Court purposes in reference to matrimonial offence (context) let us understand them

 

·         It can be defined as a case of injury or ailment etc., in which investigations by the law-enforcing agencies are essential to fix the responsibility regarding the causation of the said injury or ailment.

 

 

·         In simple language it is a medical case with legal implications for the attending doctor where the attending doctor, after eliciting history and examining the patient, thinks that some investigation by law enforcement agencies is essential.

 

·          

 

·         Or a legal case requiring medical expertise when brought by the police for examination

 

3. Now understand the ethics from Doctors point of view just at the time of receiving a MLC

 

A doctor can receive a medico-legal case in any of the four situations:–

 

A.    A case is brought by the police for examination and reporting, or order of the court for medical examination

 Okay meaning to say that the case can be reopened by the court once again for re-examination by a third party medical practioner to get their report .

B.    The person in question was already attended to by a doctor and a medico-legal case was registered in the previous hospital, and the person is now referred for expert management / advice.

  The querist would have to mention this facts .

 

C.    When patient himself express in his intention to register a case against the alleged accused.

  This has not happened

 

D.    After eliciting history and examining the patient, the attending doctor feels that some investigation by law enforcement agencies is essential to establish and fix responsibility for the case in accordance with the law of the land.

 

In the case of last situation pointed to above as "D", it is the attending doctor who has to utilize his medical knowledge and judgment to decide whether the case should be treated as MLC or not, specially when the history is not completelyrevealed, either by the patient or his relatives / friends, due to some motive.

  

4. Now see the procedures of registering the MLC which you call in lay persons view FIR…..FIR…….FIR where is it / why it is not there etc. ???

 

·         The responsibility to label any case as an MLC rests solely with the attending medical practitioner.

·         So everything rests on the Medical practioner if he has labeled the case as a MLC .

 

·         In the casualty, while attending to an emergency, the doctor should understand that his first priority is to save the life of the patient.

 

·         He should do every thing possible to resuscitate the patient and ensure that he is out of danger.

 

·         All legal formalities to be suspended till the patient is resuscitated.

·         Agreed

 

This has been clearly ordered by the Hon’ble Supreme Court of India in the judgment of case ref.: Parmananda Katara Vs. Union of India [1989 AIR 2039, 1989 SCR (3) 997] it was held: 

“Every doctor is bound to provide medical aid to the victims irrespective of the cause of injury; he cannot take any excuse of allowing law to take its course”.

 

The next important duty is to identify whether the said case falls under the category of an MLC or not, after carefully analyzing the injuries on the person of the patient, the history given, and the other circumstances of the case.

 

If it does fall in this category, then he must register the case as an MLC and / or intimate the same to the nearest police station, either by telephone or in writing.

 

An acknowledgement of receipt of such a message should be taken for future reference.

 

The doctor has not carried out the above procedure and hence would be in the dock at the time of cross examination as to why intimation has not been given to the nearest police station or would try to wash away his hands on some pretex or the other . Hence a third party examination by doctors   doctor’s would have to verify the claims of the MLC submitted and give in their report .

 

A medico-legal register should be maintained in the casualty of every hospital and details of all medico-legal cases should be entered in this register in duplicate / triplicate.

 

The MLC would help in authenticity of the claim where I presume the date of admission and discharge along with the details of depth of the injury and markings would be present .

 

This would be of immense help for future reference, when the patient through the court / the police, requests for a copy of the medico-legal report.

 

No fresh MLC to be made if MLC has already been made in other hospital to avoid duplication.

 

5. Also note there is a time limit for registering a MLC and same can be in generic way understood to be as follows;

 

·         A medico-legal case should be registered as soon as a doctor suspects foul play or feels it necessary to inform the police at arrival of person,

 

·         At any time after admission.

 

·         There should not be any unnecessary delay in doing so.

 

·         A case may be registered as an MLC even if it is brought several days after the incident if suspected..  

 

6. Now generic people may ask on whose decision?

 

·         The casualty doctor (emergency physician) attending the case has the independent authority to label the case as medico-legal or not.

 

 

·         Patients’ or their relatives’ request or any external pressure to label a case medico-legal, should not influence the doctor’s decision.

 

·         When the patient is admitted in the ward, indoor treating doctors can also make a case medico-legal if they think after obtaining additional information, that it should have been made MLC but it was not made at the time of admission.

 

7. Lastly there is major bar called Consent also in medico-legal cases which plays an important role and same can be said for lay persons understanding to be as follows;

 

·         Under medical ethics all cases should be examined after obtaining a consent.

 

·         Consent to be taken for a particular purpose or procedure in writing.

 

·         Consent to be taken before starting the procedure and after clearly explaining the patient / relative what exactly to be done.

 

·         If the patient is a minor or less than 18 yrs of age consent of the guardian be obtained for private part examination.

 

·         Consent of relative required for unconscious patient requiring surgery

 

·         If an unconscious patient brought by police from road and operation essential to save life 2 or 3 doctors to give consent by signing on consent form.

 

·         A conscious adult has the right to refuse

 

An informed consent includes information such as;

 

·         the examination to be conducted would be a medico-legal one and would culminate in the preparation of a medico-legal injury report,

·          

·         Meaning to say that the hospital would have the medico legal report due to the surgery carried out on the patient and as a matter of fact, the facts would be mentioned as to how the injury has happened and also the patients history would be mentioned in this report or what caused the injury  

·         So based on the findings of the MLC the the case would make its way

 

 

·         all relevant investigations needed for the said purpose would be done,

 

 

·         the findings of the report may go against the patient if they donot tally with the history given. (this is the most important legal point)

Hence sum total in my earlier reply is as to what I feel in the enquiry that was asked and the only question that caught my attention of the author was doubt on"medical certificate of one of her sensory organ' marital assault which her lawyer said are in-admissible. It was nobody's case to enquire her in so many words all such ifs and buts. Well if she pays me I am open to offer further otherwise above smallest piece will do well for generic PIP point of understanding and if not then @ Lord is always omnipresent amongst us J

 

Lastly to keep the public interactions even in these thread postings I suggest you to read thoroughly the bullet points and may you now re-phrase your earlier vague cross examination questions with fresh once and place them here to know how much you understood such moot interactions!

You havent left any space to repharse wherein everything lies and depends on the MLC 

I know you can do it in public space, hence re-phrase your vague examination questions and print it in ink here!.

Now based on the MLC only can the re- examinations questions be rephrased as everything rotates around the MLC which we haven’t seen and as a matter of fact should the patient be re-examined by a third party of doctors and based upon their report and the cross examination never know which way the case would take its turn .

Now guess, how was above for a luncheon wriggly wit for a change!

Excellent ,A very good brief and a good eye opener

In My  case there is nothing related to MLC just wanted to gain some knowledge .

 

oh god... if you know anything about injuries of the ear- you will not be arguing in this manner. no one gets a ear injury (especially a grown woman by falling down the stairs. because of the way our bodies are made . our shoulders and our heads protect such injuries in the ear. . and even if one does get hurt in the ear, it will be the outer ear. damage to the tympannum/ ear-drum is only caused by 4 factors. 1. inserting anything smaller than a finger inside a ear- which is not true in my case. upon examination, they can find traces of foreign object(which my doctor did not). 2. ear infection, which i did not have 3. extremely loud music or earphones- which is unlikely, as all companies ensure that the maximum volume of a musical device is way below the hearing limits of human beings. otherwise it would be a health hazard and companies would shut down. 4. a slap trauma (like a toilet bowl plunger), which creats a vacuum in the inner ear, thereby forcing air to rush in suddenly past the ear drum, causing it's rupture! i'm not a lawyer, but i know science and i also have been researching for my case. and if you haven't read it before , i'll say it again, i wanted to save my marriage. i have enough proof pre-dating my husband's petition, to prove my intentions. I hope I've made things clearer now. thank you everyone anyway. I spoke to a supreme court lawyer, who said that in a recent domestic violence case in delhi, a husband was refused bail, because of a medical proof from a privately practicing doctor. besides, even if i went to file an FIR at the police station, how does that make my claim valid. they will also file the FIR based on my statement. what makes their evaluation so valid. also, there have been several instances of a policeman taking a bribes. besides, it's an internal injury, the police will only see the normal me from outside. and if they take me to a government doctor, how does the government doctor know its a bonafide domestic violence case.

also my doctor has added 'alleged' as a prefix to the report. so i don't know if he will be called or not

 

Causes of a ruptured, or perforated, eardrum may include:

• Middle ear infection (otitis media). A middle ear infection often results in the accumulation of fluids in your middle ear. Pressure from these fluids can cause the eardrum to rupture.
• Barotrauma. Barotrauma is stress exerted on your eardrum when the air pressure in your middle ear and the air pressure in the environment are out of balance. If the pressure is severe, your eardrum can rupture. Barotrauma is also called airplane ear, because it's most often caused by air pressure changes associated with air travel. Other events that can cause sudden changes in pressure — and possibly a ruptured eardrum — include scuba diving and a direct blow to the ear, such as the impact of an automobile air bag.
• Loud sounds or blasts (acoustic trauma). A loud sound or blast, as from an explosion or gunshot - essentially an overpowering sound wave — can cause a tear in your eardrum.
• Foreign objects in your ear. Small objects such as a cotton swab. ( there would be traces of cotton fibre left behind in the outer ear canal, which are easily identifiable by a camera used to inspect the inner ear.)
• Severe head trauma. Severe injury, such as skull fracture, may cause the dislocation or damage to inner ear structures, including your eardrum.

@ Lady if you have finished educating the educated professionals among us here then allow me to say it is welcome sign that you are doing research of your dynamic “domestic injury” facts.

Quote – “extremely loud music or earphones- which is unlikely, as all companies ensure that the maximum volume of a musical device is way below the hearing limits of human beings. otherwise it would be a health hazard and companies would shut down.” Unquote

Would you mind doing little basic research into PMPO of various high-end musical devices sold in your town/city or generic in India please and be known the decibel levels they are sold at to re-phrase your above quote in Court of Law if ever argued? It will greatly help in your own case if criminal action suit follows one or the nearest days from now thus such research advise cometh from me.

BTW, playing devil's advocate the recently held F1 - IGP 2012 at Noida touched average sound level of 95 decibels (380 people got sick then and there as per Highly Accreditd Max Hospital who were official medical sponsor - official reporting of noise pollution report submitted to State Govt.) and neither Sabestian Vettel was booked for exceeding Indian Law of 50 decibels maximum sound level limit nor the Gautam Buddha F1 IGP Circuit is closed down as of now!

Since we are discussing health issues pertaining to metro wives curning out to be possible medico-legal draft under aegis of a skilful petition writer, could you tell the forum did your specialist tried on you tympanoplasty or myringoplasty and did he take out any tissue (fascia) from the temporalis muscle behind your damaged or the other good ear to repair it or to fix alleged tympanum perforation condition which you alleged in first few sentences in opening of your first post in page one?

Mind it, this minor detour interjection by me are part and parcel of healthy discussion and I am not casting any aspirations on your facts as it is made out to be nobody’s case so far!!! 

[You may ignore replying to above question as it is your rights]

hey if its a player which requires earbuds or headphones, like the ipod i have, unless it is jailbroken there is a volume cap on it. mine is not jailbroken. and we're discussing my case.for prople who cannot afford luxuries or even a good lawyer, we don't buy 'JBL' or 'bose' or any other expensive music system . which CAN, with added features produce a loud sound enough to rupture the ear drums . even in this case, the objects in the room, it's size, the acoustics will either enhance or diminish the sound. mostly the sound is absorbed by obiects. My brother works for a gadget magazine. and i'm an eager learner. i'm not a teenager. 

also, increase in noise levels  in celebrations or events did make people ill, but did their ear drums rupture? these kind of noise emissions cause loss of hearing, not a ruptured eardrum. which is caused by tactile or pressure stimuli. 

also, a tympannoplasty is only done when the tympannum doesn't heal on it's own like it's supposed to. or gets infected, or if the injury causes loss of hearing, or if I simply like someone poking around in my ear. all four did not happen in my case except the ache and loss of balance. my wound healed in 6 weeks and the tympannum grew back. 

just because you get a heart attack the first time, doesn't make you eligible for a heart transplant, if your heart is still capable of keeping you alive and can recover from the episode. you keep the one you're born with.

a debate is a good thing, if done respectfully without thinking that your opponent is dumb. you may be legal professionals, but that does not make you medical experts, I had the injury, I consulted doctors and that is why i know all this.

also, pigeon-holing 'metro-wives' is prejudice and as a lawyer , there is a chace of a judgemental lawyer allowing his prejudice getting in the way of a fair trial. Having said that, thank you everyone for the invaluable but extremely contradictory counsel. It will help me prepare my stance better. thnx

 

now if anyone has some good and helpfull legal advice, it'll be welcome.

 

also even an expensive high end music system will have a volume cap even if it is higher than the ones we less fortunate ones use . It takes a lot of joice to get a sound loud enough to rupture a eardrum, unless you plug any kind of sound amplifiers into it. we don't have those. just computer speakers. 

Originally posted by : manno
	I hope I've made things clearer now. thank you everyone anyway. I spoke to a supreme court lawyer, who said that in a recent domestic violence case in delhi, a husband was refused bail, because of a medical proof from a privately practicing doctor. besides, even if i went to file an FIR at the police station, how does that make my claim valid.

May i know who is this supreme court lawyer who assumed himself so supreme so as to talk about bail in a DV case . As i understand that in a domestic violence case its for a protection order and when the protection order is breached under section 31 of the act than only there is a jail term . So where is the question of bail arising in this