(Guest)

Please help:dvact case

Under my dvact case my father is the witness.. His cross examine has started.. everything is going right in his cross.. am facing a problem on one point. My father has put one allegation in his affidavit dat one day he came to my matrimonial home and my husband and inlaws were rude to my father and dat my inlaws told him not to interfere in the matter etc.. But wen my husband's lawyer asked my father during his cross ki jab mere father mere matrimonial home aye the tab unki kis kis se baat hui thi so tab my father replied dat he doesn't remember.. Am a bit worried.. will such a statement by him create any problem in my case ? Is it negative or contradictory?

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11 Replies

Vijay Raj Mahajan (Advocate) 31 May 2018

It's negative not contradictory. Had he said he was treated well then it would have been contradictory. To say don't remember will be taken as negative by the court.

Sunny Singh (Advocate) 31 May 2018

You filed the DV case or someone else filed DV case on you?

(Guest)

@vijay - ok.. @sunny- i have filed dvact case

Sunny Singh (Advocate) 31 May 2018

He has said in writing one thing.

During cross he has said he does not remember which means he denies what he gave in writing.

This will be punishable act as per law. He can be jailed for 7 years whch may extend to 14 years as per 2017 Allahabad HC judgement where girls father gave contracdictory statement in DV act case while he was under oath. The man was sentenced to 7 years imprisonment. They have supposedly gone for appeal in Hon' SC.

Your DV case due to your fathers contradictory statements will fail. And you will most likely based upon other allegatoins made by you on your husband etc may eventually go against you. What holds good for your father holds good for you too under sections - 172 to 188 of I P C,1860. Relevant sections will apply as per nature of offence. You can send me details of your DV case to further let you know appropriate sections which will be charged agasint your father and yourself.

(Guest)

@sunny- hahahahahahahahahahahah Really a funny reply given by you 😂😂 But please cool down first.. itna frustrate nahi hotey girls ke against.. ab humko apka advice nahi chahiye 😀😁 Bcz apka reply straight ladies ke khilaaf sound kar raha hai legal bilkul nahi.. hahahahaha Chill dude..

(Guest)

Sunny Singh (Advocate) 01 June 2018

Originally posted by : shivani
	@sunny- hahahahahahahahahahahah Really a funny reply given by you 😂😂 But please cool down first.. itna frustrate nahi hotey girls ke against.. ab humko apka advice nahi chahiye 😀😁 Bcz apka reply straight ladies ke khilaaf sound kar raha hai legal bilkul nahi.. hahahahaha Chill dude..

It would be funny reply if I had told because you and your father have given knowingly false statement in writing in court on next date the judge will call you both and give bharat ratna and padmabhushana award for lying under oath.

Your father is in a fix and so are you. And if this is funny you belong in mental asylum.

It is my suggestion that you and your parents change your place and move to unknown place and stop attending the DV case. Eventually the DV case will be dismissed and you should just hope that your husband wont follow the case as I explained above in my 1st reply.

If there is any other solution to your case I would be more than happy to learn from other advocates on the forum.

(Guest)

Phir wohi frustration ?? Chill dude CHILL !! bharat ratna milega mujhe ?? Wow Mazaa aa jaega 😆😆 Achcha batao main jhumri talaiya chali jaun parents ko leke 😂😂 Ya bhatinda 😁😁 Wahan safe honge na hum😎😎?? Ya hum sab apney face pe mask laga lein ?? 🙈🙈 Achcha toh hum chalte hain 🙋🙋

Aman chawla (DELHI HIGH COURT ADVOCATE) 01 June 2018

No, it will not impact your case in any way, as it is your domestic violence case you were being tortured or harassed by your In-Laws and not your father, and moreover, it is not a contradictory statement as your father had said they he doesn't remember.

Thanks,

Regards,

Aman Chawla