What happens if wife has online Dr consultation after physical abuse

812 votes

Yes, this can be sufficient ground to establish cruelty in a DV and Section 498A case. However, you should preserve all the evidence, including medical consultation records. If you have any visible marks or injuries caused by physical assault by your husband, you should take photographs and videos for your safety and as evidence. You should also make sure to file a complaint with the Women’s Cell as well as the police station please visit my profile for legal query

Advocate Pooja Patel LawRato

994 votes

Yes. If the wife alleges physical cruelty/domestic violence but the available evidence is only an online doctor consultation and statements of her father/brother. A victim's credible testimony can itself constitute important evidence,and court assesses the entire evidence rather than applying a mandatory medical evidence required rule. Criminal cruelty — BNS Sections 85–86 Section 85 BNS applies where a husband or his relative subjects a woman to legally defined “cruelty.” Section 86 requires conduct of a serious nature causing grave injury/danger to physical or mental health, or harassment connected with an unlawful property/valuable-security demand. Punishment under Section 85 is up to 3 years and fine. Medical evidence An online consultation/telemedicine record can be relevant evidence, but merely producing a consultation showing that the wife reported being assaulted does not by itself establish that the husband actually assaulted her. Father and brother as witnesses They are competent witnesses, but their evidence will be assessed on whether they had personal/direct knowledge of the alleged incidents. If they merely repeat what the wife told them, their evidence may have limited value regarding the actual assault. The Supreme Court has stressed that allegations in cruelty/dowry cases should contain specific material particulars rather than vague or omnibus allegations. DV Act proceedings are different Even if a criminal prosecution under BNS 85 fails for want of proof beyond reasonable doubt, the wife may independently seek remedies under the Protection of Women from Domestic Violence Act, 2005, such as protection, residence, monetary relief, custody and compensation. The evidentiary standard in such proceedings is different from a criminal trial.

Advocate Tariq Anwar LawRato

566 votes

it is sufficient proof for 498A and cruelty legal terms because you have a witness and online records doctors all reports of doctor so that sufficient you have a curality chats audio records photos Agar if you have any those documents so you have a strong case

Advocate Anchal LawRato

806 votes

The absence of a physical hospital visit or MLC does not by itself weaken or defeat a DV or cruelty case. An online medical consultation, along with the wife’s statement, witnesses, messages, photographs and other surrounding evidence, can be relied upon. If the husband prevented her from going out for treatment, that circumstance can also support her case. The Court will consider the overall evidence and credibility of the allegations.

Advocate Nikhil Karwal LawRato

994 votes

No. it's sufficient to prove the cruelty in such cases. Further the same will also collaborate with other facts of the case. we can club all the facts and harassment whether it is physical or mental. For filing a complaint you can reach out to us for drafting the same.

Advocate Gurpreet Kaur LawRato