LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

498A_fighter (NA)     18 May 2014

Dv case- document evidence support

Dear experts.

In DV's case,as per act only monetary relief will be provided to the wife if any required.But would like to seek experts views that to grant the monetary benfits to the wife by way of mainteance as well compensation, will court just go based on the oracle statements given by wife and her relatives.What if  there is no documentary evidence for their allegations.how the court will see the orale allegations.Example if wife says that the husband is drunker and beating and casuing hurt voluntarly here which is supported by her relatives and there is no documentary veidence like if she hurts so bdaly there should be doctor certificate etc.Like this what ever the allegations they made for which there is no supporting documentary evidence, will still court go ahead and grant the maintenace and compensation if any for well qualified and working women.

beucase in the dv's case there is no investigation i believe,the case will go based on the complaints given by wife and evidence shown by wife.

thanks

 

 



Learning

 4 Replies

satish bhaskar (Litigant)     18 May 2014

court will decide it's own way.

DV Act Buster (CEO)     18 May 2014

Wife has to proove her allegations beyond doubt to the court, though courtmay grant interim reliefs and ptotection to wife on prima facie oral arguments.

498A_fighter (NA)     18 May 2014

Interim relief is okey.how about the final order?will final order also based on just oral statements only by wife and he relatives?

DV Act Buster (CEO)     18 May 2014

Almost  all DV cases end with acqittal for the husband as mostly the wife cannot prove her allegations with material evidence. The wife always has the right to residence to stay in the husband's home and will get maintenance if she is not earning. The husband has to prove with evidence that wife is earning well or capable to earn & support herself if he wants to avoid paying maintenance. Final orders will depend on the trial & cross conducted by both side advocates.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register