Chinese Chef (Integration Architect) 17 October 2017

Strange situation: evidence in pwdva

Dear Experts,

I've a strange situation in my PWDVA case.

The case is in complainant's evidence stage. During the first date of OP evidence, my ex-wife did not choose to appear to file her evidence. Instead, her father gave an affidavit (basically, a copy of DV petition) as the only evidence. No documentary proof and no electronic evidence. Next date is for cross-examination. Upon instigation by my lawyer, judge asked complainant to be brought to court for deposition. However, this looks unlikely as their lawyer later told.

My question is: - Can evidence stage proceed without complainant even appearing and giving her testimony? In case, she refuses to appear, what objections can I raise in the court against such a behavior?

Kindly Help!

Regards,

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4 Replies

Vijay Raj Mahajan (Advocate) 17 October 2017

If the complainant herself refuse to depose in the case, this by itself will be good ground for the court to dismiss her complaint. Her only witness happens to be her father, who by sure was not living with her in her matrimonial home when the complainant was living with her husband, this witness cannot be relied to ascertain the correctness of the domestic violence complaint filed by her against the husband. Father can just state what he was told by the complainant and he was not eyewitness to any incidence of domestic violence. His statement is nothing more than hearsay and not reliable.

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manoj 17 October 2017

there is a straight judgment pronounced by the supreme that the case will be dismissed as per the above circumstances.

manoj

advocate

8686159292

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Chinese Chef (Integration Architect) 18 October 2017

Sir, please share the judgment (name of the parties, year etc) which you've referred in your response. Thanks.

Advocate Bhartesh goyal (advocate) 18 October 2017

In domestic violence cases ,statement of complainant is essential to prove the violence .father may be the witness but his evidence will be treated as interested/heresay until and unless complainant is not examined.court has no option but to dismiss the complaint in such circumstances.