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rakesh sss (operater)     22 March 2011

498a

if a wife says in the court that bitween me and my husband no personal dispute and i want leave with him but another side she said that she was harrased by him and her inlaws.i want to know that type staments are effect the case ?



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 7 Replies

Legal Fighter (Advocate)     22 March 2011

at what stage of the case?

rakesh sss (operater)     22 March 2011

at the trail stage of the case.when cross*xaminition done by the deffence.

Sarvesh Kumar Sharma Advocate (Advocacy)     23 March 2011

if it is only the words in over all cross examin then the case is weak for penelty,

but if it is a part of the examination and not full discripttion then no prusmption!

rakesh sss (operater)     23 March 2011

servesh sir,

it is recordrecorded by court during the cross examinition. 

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     23 March 2011

Dear Arth

The statement of your wife is that she had been harassed but at present there is no dispute at all and therefore ready to live in your company.

From this statement it is crystal clear that she has not made any contradictory stament. Therefore this statement is very much relevent and admissible still and can be used against you. It is good piece of evidence.

But you can not be penalised only on the basis of this statement becoz it is just a allegation and she has to prove beyond doubt that you have caused cruelty upon her. she has to produce MLC ,Complant and any other independent witness

 

Thanks

Mohd Musabbir Ansari

1 Like

rakesh sss (operater)     24 March 2011

ansari sir,she said she harresed by husband but during the period when harresed no dispute with us and we live happy married life togather but only problem was my inlaws.in this case she never live her inlaws.she said that her inlaws forse to harrese her at phone.

rakesh sss (operater)     24 March 2011

ansari sir ,

in this case fir and statement in court is different like she said my father gave 4lacs and other side at court sh e said father gave 150000/- only.she admit that the fir written by her lawyer and she siged it.


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