Relief in 498a case by producing blue films
CHARAN SINGH
(Querist) 13 January 2016
This query is : Resolved
My wife was in prostitution before marriage with me. I came to know about this after ten years of our marriage. On this, my wife left her matrimonial home in my absence and gave complaint u/s 498A to Delhi Police Crime Against Woman cell. I gave an affidavit in CAW cell giving names, addresses of customers of my wife stating that she is a prostitute and she has lodged a false complaint but SI and Additional DCP did not read the file and ordered for F.I.R. A case was registered against me and my other eight family members. After thirteen years, the case is in initial proceedings recording the statement of my wife. Now, I got several photographs and video films of my wife doing prostitution with many persons. If I submit all these films and photographs in the court, whether my case will be closed or whether any relief will be granted to me by the court?
Devajyoti Barman
(Expert) 14 January 2016
The practice of prostitution of your wife before marriage is of no consequences. Only if you could show that she did even after marriage then only it will have some value.
The merit of 498A case will depend on the case of prosecution and not on her prostitution.
P. Venu
(Expert) 14 January 2016
Your allegations appears to be too wild. Any how, even if true the facts, as stated, do not constitute a defence in the present proceedings.
SAINATH DEVALLA
(Expert) 14 January 2016
Prostitute before marriag, 10 yrs lived together, separated since 13 yrs,so totally 23yrs have gone by difficult to prove she was a prostitute before marriage with the available evidences at ur disposal.But one thing dear querist,what have u been doing all these 13yrs since she filed 498A?
Adv. Yogen Kakade
(Expert) 14 January 2016
This particular case has nothing to do much with the past of your wife.. but can you prove that she is still in the same?
Sudhir Kumar, Advocate
(Expert) 14 January 2016
LAW DOE SNOT DEBAR AN EX-PROSTITUTE FROM MARAIGE.
IF HUSBAND KNOWS THIS BACKGROUND STILL HE AND HIS FAMILY HAS NO LICENSE TO ILL-TREAT AND TORTURE HER AND IT IS NO DEFENCE IN 498A CASE.
Rajendra K Goyal
(Expert) 14 January 2016
You have to defend yourself on merits. Your claim may be a bit helpful but may not provide full relief.
Advocate Ravinder
(Expert) 14 January 2016
I Agree with Dev Jyothi barman, Sainath Devella, Sudheer Kumar and Rajendera Goel. You have only one option now that is to file divorce petition on the ground of fraud by showing the evidence you have. It is doubtful that the court may believe your version. The delay had damaged the merits of your case. Your chances of success are very bleak.
K.S.Srinivas
(Expert) 24 January 2016
Submission of films and photographs in the court may not be of much useful to you to get relief.
Ms.Usha Kapoor
(Expert) 18 June 2018
I agreee with experts
I agree with Sudhir Kumar.