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wilson (service)     31 March 2009


if a wife files a domestic violence case with various allegations, who has to prove ? whether wife about her allegations? or husband about his innocense? since it is a family matter, there may not be eye witnesses for various matters, in such case husband have valid strength for his oral submissions about various circumstantial disclosures? can the respondent have right to ask petitioner to prove her allegations first? will magistrate allows him to ask so ? what if wife manages to turn husband's relatives to her side to give evidence in support of her allegations?


 8 Replies

N.K.Assumi (Advocate)     31 March 2009

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.

adv. rajeev ( rajoo ) (practicing advocate)     31 March 2009

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.

ambika.S (advocate)     31 March 2009

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.

Ashey   01 April 2009

Burden of proof is generally on the one who alleges it

Prabhat Kumar (Advocate)     06 April 2009

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.  

Prabhat Kumar (Advocate)     06 April 2009

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.

Rajesh Kumar (Advocate)     07 April 2009

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.

P.Bashista (Advocate)     10 April 2009

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.

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