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fighting back (exec)     17 November 2013

In dv cases. on whom does the onus lie to prove

Dear All, 

Just wanted to know, since DV case has been filed on me by my wife

on whom does the onus lie to prove innocence or voilence. i mean should the husband prove his innocence or should the wife prove her accusations.

i have couple of documents on which i can prove my innocence, however i was thinking if she should prove her accusations, and i remain silent

or should i present my evidence in counter to her allegations only, without she presenting any evidence of harrrassment from her side.

so the basic question is: who should remain silent and let the other partner prove it

the husand as the accused

or the  wife as petitioner.

Thanks everybody


 4 Replies

AjayKumarSharma (Anon)     17 November 2013

Some advice for you my friend, from the 10 tips to win in Poker. If you get this... you'll win the game

  1. Play your cards close to your chest and keep a poker face.
  2. Learn to read other players facial expressions, ticks and body language.
  3. Small pairs are ideally played out of position and it’s also advisable not to play when the poker pot odds are not suited.
  4. Anything is possible in poker games – remember that – even a poor hand can be transformed into a winning hand if your opponents’ perception of what you’re holding is misguided.
  5. Learn to identify your own poker tells and then work on throwing other players off without being too obvious about it.
  6. Always practice in front of a mirror and learn to understand how you give away information on what cards you’re holding.
  7. And the most obvious way to way to win if you’ve been dealt a bad hand is to fold and wait for a better hand. In poker it’s a game of many games and many outcomes over the long haul – so don’t let one outcome set you back. Minimize your losses by acting last and not always playing poor hands. Fold more often and eventually the good hands will come.

Best of luck my bro.

1 Like

fighting back (exec)     18 November 2013

so do you suggest, i keep my mouth shut, dont reveal the evidence, and let the complainant prove her complaint? would it be a wise thing to keep the evidence of my innocence hidden, instead of revealing it in court. or just let the accuser bark and bark, and prove her points...thanks


Her accusations she has to prove with the evidence that she has against you.

Your accusations you have to prove with the evidences you have against her.

All these to be done when cross examination starts.

1 Like

AjayKumarSharma (Anon)     18 November 2013

What I meant is that there is a right time for showing your proofs to the court. You also need to get your lawyer go through your proofs before the cross examination date and consider his/her approval of if they are valid and when they should be used. Hope your lawyer is upto the mark otherwise you should be.

Proof would be in two categories:

1. Proof of her lying.

2. Proof of you saying truth.

In general, proof of her lying in the DV accusations would be more meatier than proof of you saying the truth (depends on what and how you say it). So going by this, if I were you, I would wait for her to come up with proof of her accusations and then provide my counter proofs either per accusation or at the end of the accusations and her providing the proof.

Go thorugh the process here:

You would be providing your proofs at this stage:


-Evidence–evidence of defendant by way of filing affidavit and exhibiting the documents.

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