Burden of proof is upon wife to prove her allegations

2) you deny that you drink daily

3) deny that brother is married

4) you can cross examine wife on dowry and DV allegations made by her

5) wife can rely upon photographs and other evidence in her possession to prove that child is happy with her

1. Since she has raised this allegation the onus of proof would lie on her only.

2. For wrong allegations made in the pleading no case of defamation will lie.

3. Yes, you can.

4. Yes she can but electronic evidence is admissible only if its supported by certificate under section 66b of evidence act.

Do note that in custody case only the issues relating to welfare of the child would be taken into account and nothing else.

1. The burden is upon her to prove in the court that you're a drunkard. Try to ask questions which may lead her to a blind spot so that there occurs some discrepancy in her overall testimony.

2. Not a defamation case, but since she's committed the offence or perjury, you should apprise the Court with the correct facts and move an application to the effect that she be punished for perjury.

3. Yes

4. Yes, she could do that.

Do let me know if you need any further assistance.

Best,

Vibhanshu Srivastava Adv.

1.I filed gw case fr custody of my minor son from my wife.case is on evidence stge.in her evidence she had filed affidavit tht me a daily drunker..drink a lot..how can I prove it wrong//.I dnt drink at all...what all questions can I ask her regarding this to prove her false....'

when she has taken plea that you are habitual drinker then she has to prove it. burden of prove is shifted upon her. according to section 103 evidence act she has to prove this fact. if she proves it by false evidence then you can challenge it by cross examination.

2.in evidence she stated my brother is married...but he is sinle..can he file defamation case against her?

if you prove that this statement is false then her whole averment shall be discarded. court cannot rely on her averment and you will win your case. also you can file a defamation case under section 500 IPC

3.can we ask about dowry and dv related qustions to her?she mentioned it in her evidence

if you think that by asking these questions you can prove that she did not come in court with clean hands then you should ask. if court finds that she did not come with clean hands then adverse inference shall be drawn against her under section 114 of the evidence act.

can she attach photographs and electronic media cds in support of her evidence during examination in chief to show tht child is happy wth her.

it is not important that child is happy with her, court has to see that whether custody of father is in the interest and welfare of the child. if it is then court shall pass order accordingly and give him in your custody

1. Affidavit should have contained the proof that you daily drink. It can be cross examined by your lawyer.

2. If no evidence submitted to prove allegations then the charges would be dropped. Your brother can file defamation suit against her. Talk to your lawyer for more information.

3. If the dowry and dv related cases are pending then your lawyer can not ask question related to them.

4. She can submit digital evidence but it can not enforce court of law.

1. If she is alleging that you are a drinker then your advocate should ask her the question related to her allegation based on the incidence she would rely upon to give such false allegations.

2. He cannot file defamation for this reason, because there is nothing to defame him and this statement would be an error. The word married or not cannot be a defamatory word.

3. You can ask her about it if she has mentioned them in her pleadings.

4. She can produce the evidence to support her pleadings, if you have any objections to that you may record the same in the court during marking them as exhibits

Hello,

You an ask the court to file perjury charges for the wrong statement being given in the court. But on the basis of perjury charges in gw case the maintenance case can not be dismissed.

Regards

reliefs prayed for in section 125 cr pc clearly indicate that she has sought maintenance for herself and child

2) hence court has awarded her Rs 5000 maintenance and Rs 5000 for child

3)maintenance cannot be denied on basis that she ahs said she did not seek maintenance for herself

4) no need to file any perjury application

There is no perjury in this.

She has given false information and has misled the court, hence first try to get a decree in your favor based on her contradictory statements after which you can decide about further actions against her.

Yes, maintenance would be denied. File an application for perjury committed by her.