Wife's self inflicted injury

Police can call you for the enquiry if it is MLC or they may arrest you.  They are police.

If she told duty dr. that such injuries are result of domestic assault then after providing treatment as the case was presented to OPD the dr. is bound to make MLC notes and inform police.

If he has after taking medical brief of presented patient just given first aid treatments and naturally such OPD receipts are there and no MLC case notes made out by the duty dr. and no police investigation followed and NOW given such distorted flavours, then all your side has to do is to call such and such duty dr. present on that OPD eventful date to witness stand and cross examine him on nature of domestic injury and his medical opinion.

BTW, if she was feed dinner as you say and then left for natal home and later after 4 hrs. presented herself to a dr. then OPD hours are not extended post dinner time in any clinic / hospital!

She must have submitted herself to an Emergency Ward and not to OPD as OPD hours are for purpose of daytime hours and not nigh time hours. Check your facts and remove point by point confusions that you are facing in various medical matrimonial cases.

There is no such expiry date on OPD receipts.

BTW, banging on steel cupboard is not covered under normal wear and tear in matrimonial life! Next time donot treat such banging even on bedpost as normal wear and tear J

See representative video in context to learn wear and tear concept and will you call such representative banging and associated behaviours in front of children normal wear and tear brother J

https://www.youtube.com/watch?v=Ip9Jx87JDxI   

Her action is not of much legal value. If she alleges the injury is a MEDICOLEGAL ONE, She shud have adopted proper procedure of MLR that involves

1) Disclosing to the doctor that its a medicolegal injury

2) giving consent to a medicolegal examination & completing the hospital process.

The attending doctor is duty bound to inform nearest Police Station immediately in writing about any ML case he handles. The only police comes into action & records her statement.

@tajobs,

sorry, it is not OPD. I am wrong. I just saw a small slip when it was shown to police officer by wife's brother. It must be emergency dept's slip as they left at 10.30 pm.

@rajiv

thanks for ur comments.  As i stated that they purposely had done the medical examination near their place, because if they had done in the police station nearby, police would have called me.  

As stated by you, can that procedure be done without the knowledge of husband?

Can police just record it without cross examining the husband? 

What's the duty of the police, if they come across ML case?  Do they  record the statement only or after taking statement do they call the party or file FIR? Please elaborate..

With this medical emergency slip showing treatment for injury, can she file for 498a?

Thanks

@tajobs, hats-off to your observations.

Please reply to Nandha's answer in details as I also want to understand below points:

1. Whether any such medical certificate (not MLC) made by wife after going back to home can make husband suffer?

2. If she has obtained MLC then should police is bound to inform husband ?

3. Can govt. doctor just write only in medical certificate that injury incurred is due to domestic violence without making an MLC? If yes, how strong such medical certificate obtained from govt. hospital is?

Tajobs,

Please answer above queries in details. Thnx.

@tajobs & other experts,

please advise on the above queries.

Also, can the witness of husband's mother & a minor relative, stand in court  if husband challenges the medical certificate?

thanks

Dear ld. experts, 

please advise on the above queries..  thanks

making this thread alive for experts view

SHE HAD DONE IT IN A VERY CLEVER WAY . EVEN AT 00.00 HRS THEY CAN GO TO A GOOD PRIVATE HOSPITAL AND GET TREATMENT . I HAVE A CASE IN WHICH THE HUSBAND REALLY ASSAULTED HIS WIFE TO SUCH AN EXTENT THAT SHE FELL UNCONCIOUS . THERE AFTER HIS MOTHE BROTHER AND SISTER CAME AND TOOK HER TO A BIG HOSPITAL WHERE X-RAY WAS TAKEN AND A PLASTIC SURGEON ATTENDED ON HER . THE PERSON WHO TOOK HER WAS HER BROTHER IN LAW AND SISTER IN LAW . THE BROTHER IN LAE HAD TOLD THE DOCTOR THAT HE IS HER HUSBAND AND NOT ONLY THAT THE ADDRESS GIVEN THERE WAS THAT OF THE WIFE'S PARENTS ADDRESS . THEY HAVE TOLD THE DOCTOR THAT SHE HAD FALLEN FROM THE STEPS OF HER PARENTS HOUSE WHICH IS MORE THAN 10 KMS AWAY .THEY BROUGHT HER BACK TO THEIR HOUSE ONLY . NOBODY FROM YHE PARENTS SIDE WAS AWARE OF THIS . SHE WAS NOT ALLOWED TO GO TILL THE SUTURES WERE REMOVED .ONLY AFTER THIS SHE TOOK 2 DRESSESS AND CAME TO HER PARENTS HOUSE AND TOLD EVERY THING . THAT IS A POSH HOSPITAL IN MADRAS . I WENT WITH HER TO THAT HOSPITAL AND COLLECTED ALL THE RECORDS AFTER GETTING A DUPLICATE BILL . ONLY FROM THE DUPLICATE BILL WE CAME TO KNOW THAT HER PARENTS ADDRESS WAS GIVEN THERE .BUT WHEN I ASKED THAT DOCTOR WHO TREATED ON HER ON THAT FATEFUL NIGHT , HE TOLD ME THAT HER HUSBAND HAD BROUGHT HER FOR TREATMENT.I TOLD HIM THAT IT WAS NOT HER HUSBAND BUT IT WAS HER BROTHER IN LAW .HE REFUSED TO ISSUE A CERTIFICATE ON WHAT TREATMENT WAS GIVEN TO HER ON THAT NIGHT .WHEN I TOLD HIM THAT IF NO CERTIFICATE IS ISSUED THEN I MAY HAVE TO PROCEED IN A DIFFERENT WAY AND HE MAY LAND IN TROUBLE .THEN THE CERTIFICATE WAS ISSUED AS IF IT WAS FOR A MEDICAL REIMBURSEMENT .THEN WE WENT TO THE NEARBY HOSPITAL TO THEIR HOUSE WHERE TREATMENT WAS REFUSED AND WAS ASKED TO TAKE HER TO A BIG HOSPITALAND ASKED FOR A CERTIFICATE , THEY ALSO REFUSED . THEN I TOOK MY WIFE WHO KNOWS THEIR [ HOSPITAL STAFF ] LANGUAGE IMMEDIATELY THE CERTIFICATE WAS ISSUED . ONLY AFTER ALL THESE THE POLICE COMPLAINT WAS LODGED IN THE ALL WOMEN POLICE STATION IN THE CITY OF MADRAS. THE NEXT DAY THE POLICE CALLED THEIR FAMILY MEMBERS . BUT BEFORE THIS THEY APPROACHED OUR CHURCH AND PLEADED WITH THEM TO SPEAK TO THE GIRLS FAMILY NOT TO TAKE ANY ACTION . THAT CHURCH IN MADRAS IS THE BIGGEST CHURCH IN ASIA . YOU MUST HAVE KNOWN WHICH CHURCH . THE GIRLS FAMILY KNOWS THE FOUNDER OF THAT CHURCH . SO THE GIRLS FAMILY HAD NO OTHER GO BUT TO DROP IT .NOW THE GIRL IS LIVING SEPARATELY WITH HER 2 CHILDREN . SHE IS EMPLOYED . HER HUSBAND IS LIVING WITH ANOTHER LADY WITH 2 CHILDREN .SO THE GIRL HAS TO DECIDE THE COURSE OF ACTION . THIS IS NOT A STORY BUT A REAL ONE FOR WHICH THE PROOF IS STILL THERE .- JOSEPH WILFRED - 20/01/2013 AT 23.38 HRS.

@joseph,

Thanks for sharing a real story. But, i am not sure whether that answered the queries raised herein above.

If possible, can you elaborate? thanks

making it alive again

DEAR MR. NANDA , IT IS NOT A STORY BUT IT IS A REAL ONE .I HAVE NARRATED ONLY A SINGLE EVENT IN THIS MATER . FROM THE YEAR 2000 MAY TILL 2010 ALL ACTS COMMITTED BY HER HUSBAND ARE MAJOR CRIMINAL ACTS .THERE WAS ALSO A MAJOR RESCUE OPERATION OF HER FIRST GIRL CHILD WHEN SHE WAS IN THE FOURTH STANDARD . HE TOOK AWAY THAT CHILD AND SHE WAS WITH HER SECOND CHILD FOR 14 MONTHS . ONLY AFTER THE 14TH MONTH THE OPERATION RESCUE STARTED AND IT ENDED WITHIN A WEEK . IT WAS DONE NOT WITH THE ADVICE FROM ANYBODY BUT THERE WAS TOTAL SUPPORT FOR HER FROM THE HIGHER LEVEL I.P.S. CADRE .

                  NOW COMING TO YOUR QUERRY , HOW MY NARRATION WILL HELP THE QUERRIEST ,THERE WAS DIFFERENT OPINION FROM DIFFERENT ADVOCATES THAT SHE MUST INFORM THE DOCTOR AND THE DOCTOR SHOULD INFORM THE POLICE , AND ANOTHER OPINION THAT SHE MUST GIVE A POLICE COMPLAINT IMMEDIATELY  MAY BE AS PER LAW . BUT WHAT I HAVE STATED WAS ALSO AS PER LAW OF SOME DEPARTMENT OR THE OTHER AND THAT TOO AFTER A WEEK  AND ONLY THE COURT SHOULD DECIDE HOW THIS WAS DONE  IF WE HAD PROCEEDED WITH THE CASE . HER HUSBAND WAS NOT THAT BIG TO MEET THE CHIEF PASTOR OF ASIA'S BIGGEST CHURCH IN MADRAS AND HE DID NOT CONTACT THE PASTER DIRECTLY , BUT HE WAS ABLE TO CONTACT ONLY THE CHIEF PASTOR'S BARBER WHO PLEADED FOR HIM AND THIS WAS CONVEYED TO US DIRECTLY BY THE CHIEF PASTOR HIMSELF . THIS IS ONLY TO CAUTION THE QUERRIEST TO BE ON GUARD FOR ANY EVENTUALITY .-JOSEPH WILFRED - 23/01/2013 AT 21.55 HRS

DEAR MR.NANDA

                                      I HAVE EXPLAINED TODAY ( 23/01/2013 ) AND HAVE REPLIED TO YOUR QUERRY HOW THIS WOULD HELP THE QUERRIST ? I HAVE DETAILED THAT INCIDENT WHICH WAS REALLY CREATED BY HER HUSBAND AND WHY NOT THE SAME MAY  BE REPEATED BY THE WIFE OF THE QUERRIST THAT HER HUSBAND HAD ASSAULTED HER . THE EVIDENCE FOR THE QUERRIEST IS ONLY HIS MOTHER AND ANOTHER MINOR CHILD ALL BELONGING TO HIS FAMILY AND THAT HAPPENED INSIDE THEIR HOUSE . MY NARRATION WAS SEVERAL FACTORS OUTSIDE . SO IT IS A CAUTION TO THE QUERIEST TO BE ON GUARD AND NOT TO BE OFF GUARD .- JOSEPH WILFRED - 23/01/2013 AT 22.23 HRS.