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gaurav   22 August 2016

Dv medical examination



I am fighting a false DV case against me by my wife. Please tell me whether Medical examination  and a relevant medical certificate is necessary to be produced by wife along with the DV complaint to the Protection Officer?


Without the medical examination certificate the DV case filed by the wife appears to be fully false.




 5 Replies

N.K.Assumi (Advocate)     23 August 2016

What kinds of medical certificate do you wish to produce in pwdva case?

Amandeep singh   23 August 2016

No medical certificate necessary to prove violence . Oral evidence maybe enough for it

Ramesh Chandra   23 August 2016

Sir, as per the act Form 1 i.e. the DIR has to be prepared (there is some judgement that says that this is not necessary). This DIR has a column for Medico Legal Certificate and Doctor's Prescriptttion. 


Is it not necessary for the 'aggreived person' to present these when she alleges physical violence?


When one says that oral representation is sufficient, does this mean that even proving of allegations is not necessary? I ask this because all the incidents in my case are alleged to have been committed in Maharashtra and the case is running in Rajasthan.

Sidharth   23 August 2016

Case can be filed without any proof.

Interim relifs may be granted without any proof.

But to win the trial she is bound to produce proof.

stanley (Freedom)     26 August 2016

@ Author 

1. In order to prove her evidence she would have to submit a Medical certificate or else how else is she going to prove that she was beaten or treated cruelly . 

2. Alternatively she would have to prodiuce a witness to prove the allegations . 

Now can you tell me how does she prove domestic violence inside the four walls of the bedroom as there are no witness present there . Now have a beer and relax . The onus is on her to prove the allegations . Let it come to evidence stage and see how he case falls apart without the above evidence .

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