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Ghazala Rahman (advocate)     19 February 2020

suit for dissolution of marriage on grounds of false accusation on wife ( Le'aan)

A husband with intention of demanding huge amount from his inlaws....made nude photos of wife and later he blackmailed wife to get huge money from parents ; he threatened that otherwise he will circle these photos in her family.
In couple of days he actually circled the photos, because wife refused to get money. This issue became a blast in her family.


On the other day wife filed suit for dissolution of marriage. Her advocate wanted to Exhibit pictures as annexures ....but Male judge after seeing photo admited suit and claim but refusing to make photos annex or exhibit. Due to chastity of woman.
He also agree with the contents of plaint.
is the judge 's direction is not fatal for the suit for not exhibit the photos.


Learning

 14 Replies

Ghazala Rahman (advocate)     19 February 2020

wife is 28 years school teacher.

Adv Deepak Joshi +917017821512 (Advocate)     19 February 2020

how you are connected to this matter

Ghazala Rahman (advocate)     20 February 2020

I am her advocate sir.

Ghazala Rahman (advocate)     20 February 2020

unluckily I have little legal knowledge and practice e

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 February 2020

Even if those photos are so obscene and defamatory against one of the agitating party, the procedure of evidence cannot be brushed aside and suit cannot be got decreed merely on seeing those photographs. Those photographs might have been sealed in a cover by Court after seeking and exhibiting so that those may have been opened by concerned court at the time of the final argument and case might have been decided keeping in view the entire evidence on file.

 

A wrong procedure has been adopted which needs challenged before the upper court.

Ghazala Rahman (advocate)     20 February 2020

Respected Sirs.....
I have in advance requested the Judge that only he see the photo. And keep it in safe aside. but He returned to me ....and admitted my claim.
Because in Pakistan at the time of filling of a matter all annexures are checked so strictly.

Ghazala Rahman (advocate)     20 February 2020

For a new annexures advocate has to suffer from filling a new application.

Ghazala Rahman (advocate)     20 February 2020

I have deepest sypmathies for my client. I am by bs before legal technicalities.

Dr J C Vashista (Advocate)     21 February 2020

Mr. Ghazala Rahman,

What do you intend to prove through the nude photographs of wife stated to have been filed by you (as an advocate) in a suit for dissolution of marriage on behalf of husband ? 

You are representing the husband therefore, you have been blackmailing opposite party / defendant/ wfie, isn't it ??

Whether there is some provision in Pakistani judicial system for filing obsence pictures at the time of institution of a suit ? 

Ghazala Rahman (advocate)     21 February 2020

1. I never intent to conceal my identity here. 2. l am advocate for wife. And my actions are for her welfare why would I go for khula when , law of dissolution of marrige 3. Ethics and basics of laws are one and same around the world.
And particularly in two countries.

Ghazala Rahman (advocate)     21 February 2020

Respected Sir...I never said Khulla and dissolution of marriage are same thing.
dissolution of marriage requires 2 Indpendant witnesses....while there is not such requirement under khulla Application.
and some other differences are also among both kind of marriage dissolution .

Ghazala Rahman (advocate)     21 February 2020

she doesn't want to forgo dower. so not a case of khulla here as well.

Ghazala Rahman (advocate)     22 February 2020

Ours blind justice system at every stage/Forum welknown.

Ghazala Rahman (advocate)     22 February 2020

a party can be lazy and delaying in getting justice ....courts preference welfare of victim acc to law .

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