Allegation under dv act

SANKET UPADHYAY (Querist) 12 April 2014 This query is : Resolved
DEAR SIR,
THIS CASE IS ON THE STAGE OF FINAL ARGUMENTS.
APPLICANT IS MADE ALLEGATION LIKE MENTAL HARASSMENT,PHYSICAL HARASSMENT,TORTURING,AND OTHERS.BUT THERE IS NO PROOF OF ABOVE MENTION ALLEGATION ON RECORD.MY QUESTION IS...
1) CAN WE ARGUE OF ABOVE STATEMENT(NO PROOF OF ALLEGATION)?
2) HOW CAN COURT JUDGE THIS TYPE OF ALLEGATION?
3) WHAT IS THE CRITERIA TO DECIDE THIS TYPE OF ALLEGATION?

REPLY PLS.

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Devajyoti Barman (Expert) 12 April 2014
1. yes
2. weighing both party's allegations.
3.wife's statements are given priority if both parties fails to produce cogent evidence.

Guest (Expert) 12 April 2014
Agree with Shri Devajyoti Barman.

Rajendra K Goyal (Expert) 12 April 2014
Well advised, agree with the expert Devajyoti Barman ji.

ajay sethi (Expert) 12 April 2014
if wife is unable to prove the allegations made of physical and mental allegations she wont get any reliefs .

T. Kalaiselvan, Advocate (Expert) 14 April 2014
It can be argued that the prosecution has failed to prove the allegations beyond doubt and there was no material evidence to support their pleading, chances of acquittal are more.

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