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Absence of allegations in criminal case

Querist : Anonymous (Querist) 13 April 2011 This query is : Resolved 
Dear Advocates,

What if the wife is alleging impotency before the family court but did not make any allegation of impotency in the police complaint which was filed prior to filing the suit in family court.

Will absence of such allegation in police complaint prove the mala fide intensions of the wife.

If impotency is the original grievance failing to allege will amount malafide.

Please clarify.
adv. rajeev ( rajoo ) (Expert) 14 April 2011
family court proceedings and criminal proceedings are entirely different, but you can take the benefit of the statement. It shows that it is malafide intention of the wife. She might have realized after filing the police complaint .
Arvind Singh Chauhan (Expert) 14 April 2011
I agree with Rajeev Sir.
Uma parameswaran (Expert) 14 April 2011
No it could not prove as malafide intention .
Jitendar Kumar gupta (Expert) 14 April 2011
Yes it is melafide and afterthought
J.K.Gupta Adv.
9868529732
Advocate. Arunagiri (Expert) 14 April 2011
No illegality, she can add any thing in the subsequent complaint.


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