• Domestic violence

Good evening ..sir /mam..i want to ask u something. i was married on 23 nov 2015.my husband is NIIT topper... from other day of marriage my husband used to beat me mostly by slapping,hair pulling.he tortures me. last month , he pulled down my head to tap...and used to threat me to take goods (dowry) from my parents..
i filed FIR against him ..i have no evidence against him....
i have whastapp chat ...but he also damaged my phone and cant be repaired..so what should i do  for that chat??
now what will i do ahead for proof?? pls reply me soon
Asked 3 months ago in Criminal Law from Mathura, Uttar Pradesh
Religion: Hindu
1)your evidence in court  about physical assault by husband would be tested in cross examination 

2)did you take print out of whats chat and enclose it in your complaint?

3)if phone is damaged and whats app chat conversation cant be retrieved it would weaken your case

4) if any demands of dowry were made to your parents their testimony would help you in your case

Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
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If the chat can be retrieved then it can be used as evidence in the court, failing which you have to rely on your solitary testimony coupled with medical evidence, if any, of the physical abuse. If there are any independent witnesses such as in the neighbourhood their testimony can also turn the tables one way or another.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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Hello,
1) It may not always be possible to  provide proof from your end for all that you accuse the husband of in your complaint. It is the job of the police to investigate.

2) If the phone can not be repaired, find out if the data can be recovered of the WhatsApp chats.

3) Your relatives and friends who are aware of the incidents of torture can give testimony to the court or give statement to the police to bolster your case.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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your mere statement is sufficient. all such incidents are happened in your matrimonial home so burden is on your husband to prove how it was happen(sec 106 evidence act).

your WhatsApp records will be retrived from memory card of your phone. keep your phone in safe place. 
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
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Even if your phone is in good working condition ,the whatsapp messages are not conclusive evidence or admissible evidence.

In fact the evidences corroborating the events shall be sufficient along with few other witnesses because all such incidences took place within four walls.  

Since the matter has already been taken over by police, dont worry about the evidence, they will take care of it. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0

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