Medical slip/report verification
Dharmesh Arora
(Querist) 13 April 2013
This query is : Resolved
Sir
My wife has claimed in the Hon'able court that she had a miscarriage due to my beating and submitted miscarriage report from the doctor in support of that.
Sir, the medical report do confirms regarding the miscarriage but as it was a natural miscarriage, says nothing about any injury or so.
With due respect to all judges, they are not from medical background. So, how can i prove in simple terms that the medical report emphasizes that there was no injury etc. which was reason of miscarriage.
Can, I submit any clarification report from other doctor to this effect. Please let me know how to proceed here and prove that Miscarriage was natural. Thanks
ajay sethi
(Expert) 13 April 2013
did your wife file a police complaint about physical abuse by you immediatedly after miscaarage
your wife has to prove the allegations that miscarriage was due to beatings
R.K Nanda
(Expert) 13 April 2013
consult local lawyer.
Dharmesh Arora
(Querist) 13 April 2013
No Sir. She didn't at that time. After one year she is using her miscarriage for dowry harassment. Please guide
Raj Kumar Makkad
(Expert) 13 April 2013
She cannot take undue benefit at such belated stage. The opinion of medical expert can always be taken by you while in your evidence and even the cross-examination of the medical expert can be got done through a senior doctor of the field so that the judge may be provide with ample material to take proper decision.
Dharmesh Arora
(Querist) 14 April 2013
Thanks Sir. Means that
1. I can submit senior Doctor report of my own explaining the medical/doctor report submitted by my wife in the Hon'ble court
2. I can request Hon'ble Court to get her submitted report cross-examined from a Senior Doctor
Please confirm on my understanding above. If point#1 is true then Which Doctor means, Govt or Private , I would consult. What I have to say to or require from that Doctor specifically (Any specific report format or so). Thanks
prabhakar singh
(Expert) 14 April 2013
In my opinion You do not need any counter report of any doctor to be filed in this case.
You state the report says about miscarriage but does not say about reason of miscarriage.Had it been due to beating Dr. must have reported beating to be the cause of miscarriage and must have reported all injuries found on her person.The absence of them is in your favor.Your lawyer just needs to put a suggestion during cross examination of that DR. about no injury was there on person of her and miscarriage was natural.Dr.would be bound to say 'yes'.
Dharmesh Arora
(Querist) 14 April 2013
Thanks Sir...Any more ideas or confirmation on this will be most welcome. Thanks
prabhakar singh
(Expert) 14 April 2013
1.Do not produce any doctor as your witness.
2.do not admit the report filed so that Dr. should come to prove it.
3.Consult doctors over the report for just to get points on which you would cross examine.
4.only one line cross examination would be sufficient as already told if he says 'yes' to your suggestion.
5.in case he says 'no'cross examine him at length.Your lawyer would be able to take care of these situations is my presumption
that he must be aware of art of cross examination,what to ask,why to ask, and what not to ask.
