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selfstudyinglawstudent (law student)     25 September 2010

video of wife beating husband

 

A man videotapes his wife beating him and his son too to seek a divorce.

Dont you think we should not take it at face value.

Since the man knew where the camera was, he could have easily manipulated the camera to his benefit.

He could have easily provoked his wife at a distance away from the camera.

Out of sheer provocation, she would have hit him.

If the camera was all over the house without the couple's knowledge, and then he was beaten, then there is some kind of truth in it.

I think this evidence should not be admitted in court.



Learning

 15 Replies


(Guest)

may be he provoked her to videotape it. this is interference in privacy under art 21 of constitution of india.

2 Like

(Guest)

21. No person shall be deprived of his life or personal
liberty except according to procedure established by law.

Renuka Gupta ( Gender Researcher )     26 September 2010

In my opinion, any recording in matrimonial relationship which is done surreptitiously should be considered cruelty and unethical behavior which hits at the root of relationship.  When intentions are secretive and studied for one spouse, s/he would certainly provoke the other spouse to behave in the way which would be evidence against him/her. It is like basically plotting against one's spouse and catching the spouse unaware. This also intensify the sense of betrayal in the affected spouse.Some suggestions like acting normal for a year or so to collect evidence against one's spouse are inherently unethical and play on the blind spots--we all have our blind spots--of his/her spouse. 

So Self studying law student( the author of the query) keep   thinking  critically over the issue  and see how you look at such evidence- bases. 

1 Like

Tajobsindia (Senior Partner )     26 September 2010

1. I differ to all members reply.


2. Watch a 3-part video series (in Hindi from Gokulpr) of wife beating husband & son, followed by a discussion on government policy and more:

https://www.mrausa.net/showthread.php?t=1743


3.
The man (husband) there in the video is Purshottam and the child is couples and they are from Mumbai and producing these video evidence in Family Court he has already got divorce.


4. These are valid proof admissible in Court of Law as per Evidence Act.

 

5. Also read previous discussed article on such video

https://www.lawyersclubindia.com/forum/Abused-hubby-gets-divorce-Son-8217-s-Custody-23174.asp

aflatoon dash (health)     26 September 2010

1-Once you understand that you are trapped in a abusive relationship with your spouse one should not only take steps to protect himself from the abuse but also from the gender biased laws.

2-Besides this you should also seek help of the psychiatrist to improve your relationship with the abusive spouse.

3-You should not indulge in behaviour as far as possible to provoke the spouse and    also not get provoked by him/her.

4-You should talk to the spouse when he/she is in good mood that how his/her behaviour hurts you/children when he /she is in good and sober mood.

5-You should insist seeing apsychiatrist to save the health of relationship which is deterirrating with abuse-verbal/physical/financial/s*xual.

6-Reogniz*e abuse and save yourself.There is no harm in recording provided you are  doing your bit to save the relationship and save its detoriarating health.

7-Remmber you can do your bit only you cannot to what your partner is suppose to do.

AFLATOON

1 Like

selfstudyinglawstudent (law student)     26 September 2010

sir, you are absolutely right.

i wish you were the judge in this case.

hats off to you for the answer.


(Guest)

i have a high court judgement where such recording was held as cruelty against wife. its violation of personal liberty. if such videos happen some day they will record adultery, so bad everything will be .exposed


(Guest)

A man versus woman debate will never go anywhere. I am interested in knowing about legal remedies?  So the wife has remedies under mental cruelty and invasion of privacy. What are the sections that specifically deal with this?

So what does the guy do when he wants to prove that his wife is abusive? Section 498A? Domestic Violence? Will he be liable to pay maintenance, if he, lets say, proves his allegations in court?


Specific "unopinionated" answers are welcome so I may learn from the wisdom of members

Tajobsindia (Senior Partner )     27 September 2010

The member who says about invasion of privacy will reply on lwgal Sections and whatever they have to say further on their casual earlier say to your questions!





Here are my generic takes on husband's view point:



1
. When a husband wants to prove say abusive relationship and or cruelty he can't use 498a and or DV and or any other Penal provision under Indian Law and all he can do is pray his last prayer and has only available option is to to file one Suit that also under S. 13 (1) HMA that is all. You are in LPO sector it seems from your title so educate me if you read and or practiced something  else in favour of husband till date which is available as per Law.





2. Yes, he has to pay maint. to his wife not only when he files S. 13 (1) HMA but he is "demanded" to pay maint. also under DV Act + S. 18 / 20
HAMA + S. 125 CRPC as well as under GWA as few of the trial courts have awarded maint to wife who have taken away the kid with them ! Though there are no Law under GWA to seek maint. but wife with kid do seek maint under it too that also when husbands files for custody using 3 major sections of GWA The Act ! All these maint laws are run simultaneously and double jeopardy / res. judicta / due process / abuse of court process / perjury / fail to prosicute wordings of Law are alien to Matrimonial Courts pan India (barring J&K) when India wife files for multiple maintenance suits.





All above are Points of Law and unopiniated takes; 

1 Like

swatirswatir (learning law)     27 September 2010

this is girls privacy, they have right to adultery , cruelty and fraud under some yet to be introduced sections in constitution of india. 

1 Like

selfstudyinglawstudent (law student)     27 September 2010

supposing the male spouse is suffering from some kind of a problem that the female does not get enuf s*x, and she has it with her neighbour, is it adultry.

(Guest)

so u mean to say  all those whu dont have enuf shud be allowed adultery?


(Guest)
yeah .... anyone can use it as an excuse to philander.

(Guest)

this will  apply to husband too if wife is frigid?

ultimate solution is

OSHO sharnam gachami


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