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sona misti (na)     23 April 2015

How to proove domestic violence or 498a

normally the verbal or emotional or physical torture which happen in the house and the continuous humiliating words by spouse or to proove in court? i heard voice recording is not that kind of sufficient evdence..then what type of evidence needed to prove mental torture continuously?or just the eyewitness and neighbours? 


 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 April 2015

As evidence, you should bring to court whatever and whomever can help you show that the violence took place. Maybe a neighbor, a friend or relative heard you call for help or saw that you were bleeding or bruised. If you have medical records from a doctor or hospital that treated your injuries, you should bring them. A police report can also be important evidence.

One of the strongest pieces of evidence you can have is a photo of yourself that shows bruises or other visible injuries. In some areas, the police carry instant cameras and will take a picture of your injuries, or someone working in an emergency room can take a picture. It's a good idea to have pictures taken again a few days after a physical assault as it sometimes takes a while for bruises to show up. If possible, it is best to get film that has a date on it.

fighting back (exec)     24 April 2015

@ramchary....and how do you prove that the photograph is of the petitioner only and not someone else injury?

and how do you prove that the photographed injury was indeed committed by the accused person and not someone esle. or if its a self inflicted injury to trap the accused

how do you prove that the photograph is related to the accusation and not any other non related injury in due course of life and minor accidents.

Adv k . mahesh (advocate)     24 April 2015

when such incidents will occur no one can expect and how violent it will turn also cannot expect and in offices and some major public place police has installed cc cameras which will give them very crucial evidence and even in big malls and every business houses are installing cc cameras - not one but every one is taking this advantage

in the same way option is cc cameras in the house which will record the violent incidents also and this is a valid evidence to prove who has beaten and who is sufferer or if any third person is present at the time of this incident he can shoot it in his camera and it has to be produced as it is without any modification and submit int he court

TGK REDDI (No designation)     24 April 2015

If a man complains of domestic violence, no Court should insist on evidence.      If a woman does, no Court should take cognizance of it. 

sona misti (na)     24 April 2015

but how to proove continous abuse name calling, humiliting urself and parens..slapping ,stooping ur water, donot give proper food , not let u to meet neighbours or let u go outside..close ur rooms door from outside..despite ur parents give u washing machine almirah microoven etc donot let u use those...? etc..if ask them then say leave if u have problem...

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

Put all your feelings and expressions in writing in the form of affidavit and also can mention that the atrocities continued vigorously considering the absenceof physical witness as their advantage. An affidavit to this effect before the court and a firm affirmative reply during cross examination would bring the facts to light helping you to get justice.

Adv. Chandrasekhar (Advocate)     02 May 2015

Highly valuable advice from Mr. Kalaiselvan.  In a domestic violence, the violence happens within the four walls and it is not expected in houses, CCTVs are installed or when verbal abuse comes through, the victim will start to record those things.  If, presuming that she attempts to do, it will become one more reason for the fret husband to exacerbate his aggression.  In a domestic relationship, a victim spouse always tries to take such steps which will pacify the perennial petulant pugancious partner.  So he/she will never dream of installing the CCTV or video or audio recording the events which may pave the way for perdition.

The domestic violence Act has expanded the meaning of cruelty.  It may be physical, verbal, economical and psychological.  Most of them cannot be proved by way of occult evidence and audio evidence.  The problem further accentuates because these things happen within the cocoon of bed-room. 

Then, to prove these atrocities, the victim wife has to file a detailed affidavit giving the vivid descripttion of the incident along with time and date.  When she is cross examined, she does not flinch to reiterate what she said in affidavit.  Her general bearing and comport and demeanour would tell the judge the veracity of the facts she mentioned in her affidavit.  The judges, who sit there, have vast experience and it is their daily job to see the tricksters, beguiles and honest persons.  Even though they won't tell who is wrong and who is right, but by a look they know that who is guilty and shifty.  So, if you are honest, you need not worry.  In addition to the own affidavit, the victim also can bring the witnesses to whom she narrated her woes during her matrimonial life.

TGK REDDI (No designation)     02 May 2015

Domestic violence is often committed by women.      They, extremely strangely, are exempted from the Act.     Whether women commit violence (domestic or non-domestic) from within or without, it's fashion for men and women to sympathize and side with them (women).      It's fashion for men and women to involve an innocent man in violence.

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