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Umi   18 September 2017

Court evidentiary value of statement of a missing person once traced by police

Hi Experts, Here is my question. Please share your opinion.

A newly married woman went missing and husband filed a missing complaint in Police station.

Police traced the woman and she gave a statement to police saying she was in love with a person and her parents had forced her for the marriage and says now she has married her lover before god.  

The woman's lover also gave a statement to police stating the same. Now, what is the evidentiary value of this statement in Court?

The Women was later ditched by her lover and hence she filed Dowry and DV cases against husband.

So, can the Husband use that Police statement in the Dowry and DV cases as a strong evidence?

Please suggest. If you can give me link to relevant judgments then it will be very helpful.

Thanks,

Umi



Learning

 2 Replies

Kumar Doab (FIN)     18 September 2017

2nd marriage of the Lady that is already married is invalid.............

The sharp lawyer is your requirement........

Siddharth Srivastava (Advocate)     18 September 2017

THe use of statement of wife and her lover made to police depend on circumstances of the case. DV and complaint u/s.498 A IPC are independent proceeding but the statement may put shadow to the genuineness of the said complaints filed wife.You can also use statement for shaking the credibility of wife and also to seek divorce.


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