Need help in dvc

Manager

Hi All,
 
I am helping my cousin and he is new to law. Please provide inputs.
 
My cousin has been charged 498a and 420 in FIR stating that wife is not s*xually satisfied and impotent.
 
After marriage my cousin and his wife went to private hospital where reports came
that
 
1) Testostorene Hormone little bit less - Doctor told over period it can go up. No report given that he is impotent.
 
2) Thyroid - No issues
 
3) Ultra scan - No issues
 
4) Siemen count - 80 millions Above normal and told he can become father.
 
 
Wife told police that hormone is less and hence he is not fit for marriage and he is impotent. She submitted xerox of reports in PS.
 
However in PS, they took the opinion of Govt doctor and showed reports to him and he told that sperm and scan shows normal range and can do s*xual act and gave opinion that my cousin is Potent by looking at reports that wife submitted.
 
section 420 has been removed and same thing mentioned in chargesheet.
 
Trial yet to start in 498a.
 
Now she filed DVC and it is cut and paste of FIR.
 
 
In DVC, does judge consider 498a chargesheet where govt doctor gave opinion of potent or will my cousin again go for potency test in DVC also?
 
Please provide inputs.
 
Reply   
 
Lawyer

1. The accused (your cousin) shall be discharged on the point of charge, if the story is true.

2. Whether impotency is the only ground mentioned by aggrieved person (his wife) in her complaint u/s 12 of the Protection of Woman From Domestic Violence Act, 2005? If so, it is not maintainable and the complaint shall be thrown away, if the story is true.

3. What is the opinion and advise of lawyer of your cousin who is contesting the case(s) and fully aware about the facts & circumstances and competent to take on the legal challenge? Why did you seek second opinion except the fact it is FREE OF COST?  If your cousin has lost faith in his lawyer, change him/her immediately.

4. Prima facie it is an academic subject for debate but not a query, which should not have been entertained on this platform as per rules.

 
Reply   
 


Manager

Hi Mr Vashista,

 

In DVC apart from main allegation she added saying my cousin demanded (10 Lakhs) as usual and beat her as usual.

There is no evidence for the same. Those are just allegations.

You are forgetting one thing, lawyers in general always play game on eitherside by taking money and finally push for compromise in family disputes.

Our lawyer as usual first took money and now telling you can either go for trial or go for compromise.

Compromise ends with "X" amount that you are well aware.

My specific question to you in DVC cases does judge consider 498a chargesheet content?

 

 

 

 

 

 
Reply   
 
Advocate

Original posting is less than convincing. The second one only confuses the things. Anyhow, allegation as to s*xual potency of the husband cannot be a ground for a criminal offence.

 
Reply   
 
Manager

Hi Venu,

 

My question is Can Sexual dissatisfaction comes under domestic violence?

Just remove your confusion I will be more precise.

1) From our end can we submit 498a chargesheet in DVC counter where in govt doctor gave his opinion in chargesheet?

2) In DVC cases also potency test needs to be taken?

 

 

 
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