Raja_498a Victim (Manager) 22 February 2017

Need dv help

Hi All,

Unfortunately, my cousin ended up with DVC filed on him last month..

She left 6 months before and during that time frame my cousin sent her SMS (After 1 month she left) that he scolded her and used the word Bi*ch and fu*k off that you spoiled my life etc in anger. Other than that no other words exchanged.

Now she took printout of SMS and filed DVC petition that it is against of women modesty and created mental agony to her.

She stayed only 21 days of matrimonial house after marriage and left home.

My questions.

1) My cousin is using prepaid Aitel mobile and he sent SMS after 1 month she left. It is 6 months now. Now no communication between them.

2) Does Judge check SMS printout and agree with his wife that word like Bi*ch creates mental agony?

3) How difficult it is to prove SMS validity in court of law?

4) Does Judge summon Service provider to get content of SMS or it is opposite party to prove the SMS contents? How the process goes on in DVC cases in case of just SMS?

What should be our response to her petition? Can we deny that SMS contents are tampered? or admit that it is just anger response of provokation?

Experts, please advise.

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2 Replies

A walk alone (-) 22 February 2017

SMS not very relevant. Just saying b*tch to wife in SMS is not enough to prove DV. DV need medical evidence. Your cousin's wife has file case. It's her responsibility to prove her allegations not your cousin to prove her innocence. Let her roam court and waste money on lawyers with zero result

stanley (Freedom) 23 February 2017

The Burden of proof is on the petitioner to prove the same . Its for the petitioner to get a certified copy from the service provider . Do you think any service provider would hand over a certified copy to the court and roam around courts when summoned .So just deny and relax chill down and have a beer .

Domestic violence is all about money ( Maintenance ) .If she is qualified and working and earning sufficiently she would be denied maintenace .But she may also call for your salary slip if you are earning a very high salary .