Evidence in dowry and domestic violence case
(Querist) 23 November 2022
This query is : Resolved
My very near relative was married 8 years ago when her husband and her mother in law demanded dowry, money and jewelry in the name of customs/Conventions and gifts. Due to unlawful demands of Dowry, jewelry and money not being fulfilled/met, ,her husband and her mother in Law subjected her to huge mental torture, humiliation, insults, and emotional abuse and tried to prove her mentally sick. and thus were successful in shunting her out of her matrimonial home only after 7 months of marriage and In spite of her umpteen requests, was not been allowed to enter her matrimonial house. She has been a burden on her parents for the last about 7 years. She did FIR against her husband and mother in law and the FIR CASE is pending in metropolitan magistrate’s court,
The metropolitan magistrate’s court, some time back in its order has mentioned that
…there exists prima facie case against the accused persons for the commission of offence
punishable under section 498A/34 IPC for causing cruelty to the complainant as well as
for misappropriation of dowry articles,stridhan and jewellery of the complainant under
section 406/34 IPC..
Now, her evidence is to be done in 3 days but public prosecutor is too busy to guide her about the Evidence and they are too poor to engage a lawyer for the purpose.
She has several recorded Mobiles Calls/E-mail messages/speed posts, as an EVIDENCE to prove her points mentioned in her Complaint to CAW CELL but does not have mobile and Computer in which such calls were recorded and e-mails were received.
1 whether she can submit her evidence IN WRITING on the date of evidence?
2. How she can submit copies of e-mails in her evidence to prove her case of domestic violence .
3, How she can submit details of dowry items in her evidence to prove her case.
4, What else she should do for evidence so that she can prove her case.
(Querist) 24 November 2022
WILL ANY EXPERT HELP? SHALL BE GRATEFUL.
(Expert) 24 November 2022
You stated in your query "My very near relative has married 8 years ago" and in other lines, it is mentioned that "shunting her out of her matrimonial home only after 7 months of marriage". Which is correct? And "she has several recorded Mobiles Calls/E-mail messages/speed posts, as EVIDENCE to prove" and "but does not have mobile and Computer in which such calls were recorded and e-mails were received". Is your query not a confusion?
(Querist) 25 November 2022
YOU HAVE SPOILED THE QUERY FOR OTHER EXPERTS.
YOU HAVE NOT READ THE QUERY CAREFULLY.
EVERYTHING WRITTEN IS CORRECT.
1. SHE WAS MARRIED IN 2014 AND AFTER 7 MONTHS OF MARRIAGE WAS SHUNTED OUT FROM HER MATRIMONIAL HOME.
2, WHAT IS CONFUSION ABOUT THESE FACTS THAT
she has several recorded Mobiles Calls/E-mail messages/speed posts, as EVIDENCE to prove" and "but does not have mobile and Computer in which such calls were recorded and e-mails were received"
YOU LEAVE THIS QUERY AS YOU ARE DOUBTING CORRECTNESS OF THE SAME.
Sudhir Kumar, Advocate
(Expert) 06 December 2022
Politeness to the experts is expected as this is a charitable forum.