Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sm........ (SR. EXECUTIVE)     28 April 2009

498A and DV Act - False compalint

Dear All Experts,1.   If a women files false cases against her husband under Domestic Violence Act, or under 498A or both,    in that case whether the court will solely rely on the statement given by Wife or else domestic voilence or dowry demand has to be proved before the court of law.

2.  In case husband is asked to prove that there is no dowry demend from his side the how can he do so....

 

 

Regards



Learning

 3 Replies

bhupender sharma (head)     20 October 2009

 Sameer, The burden of proof is upon u that u have not committed any act of domestic violence and cruelty. If successfully proved the same, u can file divorce against her and suit for malicious prosecution under law. Bhupender Sharma(Adv.    )

Kiran Kumar (Lawyer)     20 October 2009

i agree with Mr. sharma, but wife is also supposed to present sufficient evidence on record framing charges and proving the charges too.

Arvind Singh Chauhan (advocate)     22 October 2009

Sir,

 you can file objection against the complaint under D.V Act and rebutt pera wise allegation. It is not a rule of law that court will solely rely on the statement of wife. It depends on evidence. You have right to cross examine the wife, and also have right to put foth the evidence in your defence. I suggest that If you have sound proofs you should approach to High Court under Sec 482 to quash the procedings.


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