Medical examination of complainant lady in 125 maintenance case
Mahesh Chand Gupta
(Querist) 06 July 2013
This query is : Resolved
A lady left her in laws house after discovery of her prostitution. Later on, she filed a case u/s 498A and another for maintenance u/s 125. She continued in prostitution and 10 years have passed. Now, during Argument with her, whether a question can be asked that:- Are you ready for medical examination as you are living seperately from your husband for the last 10 years.
Moreover, whether medical examination of the complainant lady can be asked from the court
Raj Kumar Makkad
(Expert) 06 July 2013
Yes. Such question can definitely be put but the language should be such that it may not come within the ambit of chastity of a woman. The cross-examination is told as an art.
prabhakar singh
(Expert) 06 July 2013
Unless a defence of her being leaving as prostitute has been taken in the reply of her petition i would not like to allow such a question without any relevance.
Living separately for any length of time does not raise in itself a presumption of living in prostitution that she should be ready for medical examination.
Further the question planned to be asked does not suggest for what kind of medical examination she is being expected to undertake.This makes the question misleading.A cross examiner can ask
leading but not misleading questions.
ajay sethi
(Expert) 06 July 2013
you have stated that lady was indulging in prostitution for last 10 years . do you have any evidence of said fact . you ought to have engaged a detective agency . you cant force the lady to be medically examined .
Rajendra K Goyal
(Expert) 06 July 2013
The defense should not proceed for such questions till solid evidences are available and as advised by expert prabhakar singh ji if not mentioned in reply of the plaint. Agree with the views of the expert prabhakar singh ji.
Adv Archana Deshmukh
(Expert) 06 July 2013
First of all gather some evidence and then ask proper questions about the alleged prostitution.
Devajyoti Barman
(Expert) 06 July 2013
I doubt, medical examination even if done can be of any help.
Nadeem Qureshi
(Expert) 06 July 2013
Dear Mahesh
if the main allegation is adultery on wife then it is possible to get an order from the court to proved the case

Guest
(Expert) 06 July 2013
Whats important here to note is the lady was and is married. Despite the fact that you go for medical examination the same shall not support the case under any circumstance unless it is proved beyond doubt by way of cogent and established evidence that the lady indulged in prostitution.
V R SHROFF
(Expert) 06 July 2013
U could have filed Petition for Divorce, with evidence of a man in closed room with her.
If u succeed arrest of few males with her, Everything will be proved, and matter solved. Why u shd continue be a husband of prostitute as ur wife??
cut off ur h-w relationship at the earliest.
R.K Nanda
(Expert) 06 July 2013
nothing to add.
prabhakar singh
(Expert) 06 July 2013
Medical examination can prove sexual intercourse with others with addiction is the reply to experts flying and not to querist.
Raj Kumar Makkad
(Expert) 06 July 2013
Medical evidence in such cases is of very important. In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation. The standard of proof in "proceedings under the Act being initially of a civil nature is by preponderance of, probabilities and not by proving it beyond reasonable doubt. General evidence of the ill-repute of the husband or of the lewd company that he keeps, or even that he knows the addresses of prostitutes and was seen with doubtful women, would neither prove nor probabilise adultery. Adulter , as a general rule, is proved by presumptive proof based on:
Devajyoti Barman
(Expert) 07 July 2013
I am curious to know whether medical examination can prove that the lady is still in sexual relationship when she is a married lady and the marriage is consummated already.