Re: domestic violence case at evidence stage

SAM (Querist) 18 December 2014 This query is : Resolved
Dear Ld. Experts,

DV case is going on in JMFC Court, Thane. Case is at Evidence stage. Wife has pending criminal case against her (Under Indian Penal Code 438,395,452,354,323,504,506,427,384, r/w 34). She has taken anticipatory bail wherein she have to co-operate with the Investigation officers and attend police station every week.

Husband informed court that since criminal case is pending in the court against wife, he want to decide that case on merits.

Whether husband has good grounds in DV case as she could not prove the court from last 11 months or unable to show the court evidence of domestic violence?

Husband has got documentary proof of the notice issued by the police station against the wife to co-operate with the investigation or else contempt of court case would be filed against the wife

How should husband now proceed in the case? cross examination stage is yet to arrive and the case is at evidence stage.

Regards,

SAM

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ajay sethi (Expert) 18 December 2014
wife has to prove allegations made in DV complaint to succeed . merely because wife has criminal case pending against her dos not mean that no acts of DV have take place

Rajendra K Goyal (Expert) 18 December 2014
Consult your lawyer who has read full case file.

Criminal and DV cases are separate and would be decided on merits separately.

SAM (Querist) 18 December 2014
Dear Sir,

Would like to inform you that since she is herself facing criminal charges and is out on bail, then how come she be victim of Domestic Violence by her husband and in laws?

What kind of evidences are generally accepted by the court? Could you please give me some examples?

Regards,

SAM

ajay sethi (Expert) 18 December 2014
why not ? she can be victim of DV . your wife has to prove her allegations made in complaint . testimony of complainant , emails exchanged between parties , transcripts of audio recording s made by wife of harassment meted out by husband and in laws