498a

Querist : Anonymous (Querist) 09 September 2011 This query is : Resolved
my wife has accused me of taking 4 lac from her family. how can i approve that i have not taken single penny from them
bank statement would not work since they can say cash was given.
to support her claim she and her family can lie in court.
would that be sufficent evidence ?

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M/s. Y-not legal services (Expert) 09 September 2011
Need not to worry about your case. The burden of proof is strictly your wife's.. You can't be convicted without prove beyond the doubts. So just face your case..

Querist : Anonymous (Querist) 09 September 2011
does statement by her and her family can be taken as proof.
?

prabhakar singh (Expert) 09 September 2011
Mr. Tom is right.

An oral statement of your wife and her witnesses would be recorded which in courts language is called EXAMINATION IN CHIEF,where after your lawyer will be given a chance to cross examine each of the witnesses including your wife to test their lies in the statement.

A documentary evidence has greater weight is a true understanding of yours.

But when there is no documentary evidence ,then fact in question can be proved only by oral evidence.Hence don't look with surprise.If a shoots B in lane and B dies .A has committed murder.What documentary evidence here could be?? None!But it can be proved only by oral evidence by leading evidence of C &D who saw A shooting B and B falling to death.Understand now1or still not.

adv. rajeev ( rajoo ) (Expert) 09 September 2011
She has to prove it beyond reasonable doubt.

Advocate M.Bhadra (Expert) 09 September 2011
Move to Court to produce the documentary evidence at the time of trial that how the dowry was given,your wife would not able to prove it.

Raj Kumar Makkad (Expert) 09 September 2011
I do agree with the advice of the experts.

Kiran Kumar (Expert) 09 September 2011
burden of proving the allegations is on wife....so u need not to worry...

Guest (Expert) 09 September 2011
yes its true, ur wife has to prove the same (whatever allegation she imposed on u), hence burden of proving the matter lies on her only and can be easily trace out in examination-in-chief.

Guest (Expert) 09 September 2011
Burden of proof lies on the prosecution, not the cvharged person to disprove. Let her prove her statement. But your advocate must be capable to effectively cross-examine your wife and other witnesses of the case.