My husband beat me and tried to murder me for jewels and money and also provoked me to commit suicide.The only direct witness for this is my nine year old son.will the indian court accept a child witness?
2007-09-28 22:01:25 · 8 answers · asked by ritu s 1 in Family & Relationships ➔ Marriage & Divorce
Yes your child of 9 years can be a very reliable witness for you in this case of dowry demand & cruelty inflicted by your husband demanding dowry. The Supreme Court of India has held , "Age of the witness
during examination was taken to be about 10 years.
Indian Evidence Act, 1872 (in short the 'Evidence Act')
does not prescribe any particular age as a determinative
factor to treat a witness to be a competent one. On the
contrary, Section 118 of the Evidence Act envisages that
all persons shall be competent to testify, unless the Court
considers that they are prevented from understanding the
questions put to them or from giving rational answers to
these questions, because of tender years, extreme old age,
disease- whether of mind, or any other cause of the same
kind. A child of tender age can be allowed to testify if he
has intellectual capacity to understand questions and give
rational answers thereto. This position was concisely
stated by Brewer J in Wheeler v. United States. The
evidence of a child witness is not required to be rejected
per se; but the Court as a rule of prudence considers such
evidence with close scrutiny and only on being
convinced about the quality thereof and reliability can
record conviction, based thereon."
Let me give you this website read this Supreme Court Judgment it will clear all your doubts regarding child witness in a criminal complaint. Read this >>> http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28414 On the basis of your statement & statement of your child as your witness,with reference to the law laid down by Supreme Court of India with regards to child witness as mentioned in this judgement you can send your husband behind the bars under section 498A of the Indian Penal Code.
2007-09-28 23:04:30 · answer #1 · answered by vijay m Indian Lawyer 7 · 7⤊ 0⤋
Approach any lawyer they will help u register the case.
But make sure u are being honest. Usually 8/10 cases are exaggerations. Usually the provocation is some ego issue.
Usually the girl is misguided by bad lawyers into exaggerating and foisting false cases. And the girl invariably causes the entire family of her in-laws including five year olds (some times) to be put behind bars.
But do make sure you are clear in your objective why you want to do whatever you want to.
But before taking your stand know these facts in advance:
1. This process when started takes years to end.
2. If you willingly get involved with the Indian police and law there is always a price. There are compromise sessions. I have seen cases where if the girl is pretty all sorts of senior cops get involved. They help the girl win the case for a physical price from the girl.
2007-09-29 11:16:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
i am not a lawyer but i am sure your sons testimony will be considered by the court. Since this is an extreme case of dowry and your life is in danger, you should file the case immediately. I think you can also file a police complaint in this regards. With hte law interveneing i am sure your husband will take 1-2 steps back and will not hit you or harm you .... atleast for some time. That will give you the time to take steps and save yourself.
If possible, move out of the house and live else where that is safe.
Get in touch with a good lawyer and he will guide you through this whole thing.
All the best and take care
2007-09-29 06:09:19 · answer #3 · answered by Anonymous · 1⤊ 0⤋
First of all lodge a FIR in your nearby police station
Then lodge a case of 125 for maintenance, also for divorce.
Through this you can send him to Jail and also your child is eye witness of your husband's cruelty.
Now the women laws are strong and they don't require any eye witness also, not even they require sign of cruelity.
But be fast because you have to save your life for your 9 years son. You are the only hope for him. Go seprate with him, take maintainence, try to join a job, try to re-marry etc.
2007-09-29 07:07:12 · answer #4 · answered by MEENA M 4 · 0⤊ 0⤋
Firstly register your case.
The witness of your son is well accepted.
All circumstances will be considered.
You need not check the witness list. The investigating agency will take care of the things, once you prima facie satisfy the allegations.
2007-09-29 08:50:44 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, evidence of child is acceptable if he is able to give rational answers to questions and is able to answer the questions put to him in a logical manner.
2007-09-29 07:35:56 · answer #6 · answered by Pramod R 4 · 0⤊ 0⤋
Yes it is admissible in court. Get yourself a good lawyer and he should be able to guide better.
2007-09-29 05:44:35 · answer #7 · answered by Gorilla 3 · 0⤊ 0⤋
ya of course, why dont u register ur case
2007-09-29 05:06:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋