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mohamed haseeb ahmed   15 December 2017

Query

DEAR MEMBERS,AS PER LAW,DOES THE WIFE NEEDS TO PROVE DOMESTIC VIOLENCE,PRIMA FACIE TO GET GRANT IN VARIOUS RELIEFS AS MENTIONED IN THE ACT OR MERE ALLEGATIONS ARE ENOUGH TO GET THE RELIEFS GRANTED



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 December 2017

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry). Generally, the husband, his parents, and relatives are immediately arrested without sufficient investigation and put behind bars on non-bailable terms. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

N.K.Assumi (Advocate)     15 December 2017

Magistrate is bound to examine the parties and witnesses and his personal view alone is not sufficient, to pass any orders, except by examining evidence that comes on records.


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