FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rising up again (FFF)     27 February 2014

Wife hitting husband ?? will she be punished....

hi guys... a new turn in my case.. 

plz answer both queries....

 

1. She filed a DV case against me...  i am from a punjabi family and use a bit of hindi abuses in my sentences in normal conversation. she recorded that and now says that i verbally abused her all the time...  how much problems can this bring to me ?? she now also says..i have hit her in the past...which i have'nt ever. 

 

2. she recently started a fight and gave me a bite on my hand. proper MLC was done in a  govt hospital with a police complaint against her. how can i use this against her ....and how best can i use it  ?????? 

 

expert replies....awaited....... !!!

 

 

thanks

 



Learning

 13 Replies

fighting back (exec)     27 February 2014

it all depends on how well your lawyer argues your case, normal slang in language is always observed in all states and regions, but in what context have you used it and what circustances were there, is more important, just a single recording wont suffice, as evidence has to be built up to point to a case, also your MLC might come handy, but it can also be argued by the woman that, she is a weak 'abla naari' and in self defence she had to bite you as you were trying to strangulate her to death......;)

it all depends on her statement to the police following your complaint and the police report filed by the inspector in charge......in my opinion, it wont be wise to use the MLC as it might backfire if the above scenario is played emotionally in court by your lovely wife........;(


(Guest)
Originally posted by : rising up again


hi guys... a new turn in my case.. 

plz answer both queries....

 

1. She filed a DV case against me...  i am from a punjabi family and use a bit of hindi abuses in my sentences in normal conversation. she recorded that and now says that i verbally abused her all the time...  how much problems can this bring to me ??

 

Punjabi and a bit of hindi abuses?  LOL.  Therein hi hello baad mein hota he, bendi, chech ki chehj utaardoonga, yeh sab normal gaalis he.  Jyaada dimaag khaaya toh judge bhi 3-4 gaali dega.  You need not worry about such day to day activities of life, which cannot be considered as gaalis...But according to PWDVA 2005, you are in deeep sh!t.


 

she now also says..i have hit her in the past...which i have'nt ever. 
..She needs to have proof, medical report from govt hospital.  CMO.
 

2. she recently started a fight and gave me a bite on my hand. proper MLC was done in a  govt hospital with a police complaint against her. how can i use this against her ....and how best can i use it  ?????? 

..Dint they laugh at you at the PS?  Such things have to be handled the way they are supposedd to be handled.  For women who behave like men, I recommend same pattern of behaviour as theirs.  You can surely show medical report of her biting you, which surely will come in your favor while asking for divorce.

 

expert replies....awaited....... !!!

 

 

thanks

 

rising up again (FFF)     27 February 2014

Dear Fighting Back.. 

i know she can make a story of me hitting her or trying to kill her and in return she had to bite me... ..but i did record our conversation on my mobile that day...hence, hope that will prove that i did not..try any of the above. 

Ur opinion... on this ??? 

and also request you to answer my question in the custody section... in family law.  that will be a major help for me.. 

 

thanks mate.. 

rising up again (FFF)     27 February 2014

dear Helping Hand, 

 

Yes, the PS was laughing on me...one of them infact asked me why i did not hit her back...etc etc.. and thr was a time when all were making jokes on this incident. 

And, how bad can these recordings go against me ? i know i can be in deep sh*t...but can u plz explain in detail how to handle it and save myself from it. 

PLEASE, help..as only this can make me loose my case... 

 

thanks

Biswanath Roy (Advocate)     28 February 2014

Domestic Violence means violence between members of a house hold, An assult or any other violent act committed by one member of a house hold against another.  Your wife is liable to prove such facts in her DV case by discharging her burden in accordance to Evidence Act . In opposition you are liable to discharge your onus as per law to disprove the allegation.  In DV case the defense must be strong for two reasons.  Firstly, considering the social structure of Indian society the court will always stand by the side of the complainant wife and secondly the court will rely upon the evidences submitted by the wife.  In your case I am afraid to say you might have treated your wife as maid servant otherwise you could not abused her filthily which as you claimed your normal habit. When your wife dislike such objectionable abuses why you failed or neglected to control such habit? In married life adjustment between the couple is necessary. In modern age Indian girls are being brought up with the same manner as our boys enjoy.  They are studying in convents, and are  studying in co-education in the schools and colleges and for this they naturally claims same status like boys.  If your brother in law acts in the same manner to your sister what you did? Introspection will give you proper answer.  If you submit your MC in the court  against your wife it will definitely go against you .  Firstly because unless an wife goes to extreem point of mental torture she never shouts and use bad words to husband and can bite husband.  Secondly your incident occurred after filing DV CASE by your wife any complaint subsequently made by you shall be treated as after thought to shield your misdeeds.

Ranee....... (NA)     28 February 2014

oye, 

balle

balle!

:D:P

T. Kalaiselvan, Advocate (Advocate)     01 March 2014

On the basis of the police complaint and medical report, you may make a strong pleading to that effect in th impending divorce case quoting her cruel acts, though it may be post litigation development, let she deny and prove her genuineness/innocence on her act and let she claim it was unintentional and an act done in self defence that she will admit to have committed such an act before the court.  Apprise your advocate to put forth such materials to defend you i the case.

rising up again (FFF)     03 March 2014

Dear Mr. Roy

guess, without full details you have gone elsewhere. It never abused her everyday or by habit. it was just very rarely when i was angry... and she would have recorded the same few times. There were many incidences when she was shouting on me..and saying many derogatory words but i never thought of recording those....

Now, how can these recordings go against me ?  is'nt thr any time limit after recording these and then..complaining about them.............????????

AND, i have a full MLC + police complaint when she bit me.... can this not be used to counter these DV allegations ???

 

 

Biswanath Roy (Advocate)     03 March 2014

In your query you purged that in your normal conversation you use Hindi abusive languages.  What does it mean? Does it not constitute the meaning of assult?  If assult is proved domestic violance shall be established.  No other proof is to be  required.  In response to such a situation if you make any avarment before the court that your wife bite your hand and as a proof if you submit medical certificate and in reply if your wife said that my husband throttled my neck  and just to get rid of I  had to bite my husband's hand then what Judge will think?

rising up again (FFF)     04 March 2014

Dear Mr. Roy, 

that is the problem.. !! If i am stuck in this scenario..stated by you, how should i react or respond ???   I understand i am in trouble...and u already confirmed that...  

 

i am here for help from you experts.... Please suggest how can i safeguard myself and use the bite MLC against her. i swear, i havent ever hit her...but if she says...i have...how can i prove ...i have'nt !!!! wont she have to show some proofs...or will the court just follow what she says,.... 

and AM SURE, the recordings she has are almost 3-4 years old... is thr any time limit clause to use old evidences .... etc...???

 

 

 

 

rising up again (FFF)     07 May 2014

hi ,

wanted to revive my old question... would appreciate if experts could help.

 

thanks

 

rising up again (FFF)     07 May 2014

HEERA, dont be a gyaani baba... this forum is for legal advises.. not for giving unsolicited moral policing. Unless u know the entire story you cannot blame anyone for anything... so better shut up and stay away. 

 

if you cannot help, its better to mind your own business.. there would be hundreds and hundreds of cases of DV but i accepted stuff i have done and am seeking advises. atleast i am strong enough to accept what unintentionally i have done... unlike people like you who think that they have'nt done any sin ever..  and if u say...u have'nt done any sin ever...you must be GOD. 

Gautam Kapoor (IT professional Studying Law)     07 May 2014

@RUA- You could be wrong if you think it would be the only conversation that was recorded.Any how the defence could argue that the slang was not used on her may be on one of your relatives or maids present there (if the recording was not two sided).Regarding the biting incident ...you took a right step...if she counteracts saying that you wanted to kill her...she could have lodged a police report then and there..How can a woman who uses slang on you ,uses harshest words on you and your family ,record your simplest reaction on phone (pre emptive motive) not report to the police?(if she counteracts saying that you wanted to kill her)

Fight it out with a good reputed lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query