WHO HAS TO PROVE ALLEGATIONS IN DVC?

As per section 32 of the DVA 2005, aggrieved party has to prove the allegations, and the Court is also empower to adopt its own procedure as per section 28 (2) of the act, and it follows CrPc in the proceedings.

dear Wilson,

Law always infavour of woman, when she files a complaint under DV act burden lies on her to prove her allegations.  It always requires cogent evidence, only oral submission does not suffice.

I do agree with the other counsel's reply in addition to it I would also add section 9 of the DV Act.   The protection Officer conducts enquiry and give the incident report the Magistrate will consider the incident report while disposing the case.  Apart from it there are service providers who assist the Magistrate in each case.

The act is to proved affected woman her right which she is entitled.  when a woman is restored her right to reside and in shared house hold, there cannot be any infringement of right of the opposite party.

Burden of proof is generally on the one who alleges it

Please refer to section 101 of Indian evidence Act, which says that burden of proof lies on the person who makes the alligation and wants the court to give judgment based on those allegations.  

In continuation of my earlier reply I just want to add that if wife got support and evidence of your relatives then there is a strong likelyhood that the DVC case against you will be proved, unless you rebutted the same effectively at the time of evidence.

Right to live in a matrimonial home has been accepted as a right of every women in DV Act. Such right is not conditional on existence of domestiv violence or its non existence. Thus whether, irrespective of existence or otherwise of domestic violence, matter will be decided in favour of women.

As far as maintenance is concerned, that right is well accepted in numerous acts- Hindu Marriage Act, Hindu Adoption and Maintenance Act, Cr.P.C., DV Act- and if not anything legal power of Balckmail & extortion under Section 498A.

Just to answer Wilson, the case was decided on the day the man got married. Treat such proceedings as execution proceeding. I am using the term "execution" in literal sense.

Section 101 of evidence act answers your question very clearly, which puts the onus of proving on the person putting the allegation.

Regarding the relatives of the husband, if they are not saying the truth then at the time of evidence (cross examination) if the lawyer is sharp then he can always raise such questions which can put a question mark on the authenticity of their evidence.