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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

(Guest)

After seeing this video, immeidately a sting operation came to my mind.  In Delhi, minority community higher secondary school, one sting operation was arragned by a news channel to get more viewer ship and on the basis of that to get more commercial adertisements.   In the sting operation, the allegation of the channel journalist was that a lady teacher used some of the girl students as prostitutes and is paying them some amount and is keeping a hefty amount with her.  The video was shown starting from 9.00 a.m. and within one hour a large number of parents and neighbourhood people reached the school and vandalised the school and finally disrobed the teacher totally on whom the allegations were laid.  No one could dare to protect her.  Through out the day, the news channel provoked the people against that lady and against the school and managed a huge viewership.  The teacher was taken to the police station and sent to judicial remand.  After a week, the entire real story came out in public.  The T.V. Journalist is a crooked fellow and arranged one immoral lady and scripttted the entire drama and put totally false allegation against that particular teacher, who was totally innocent.  Note it, the journalist did not have any grievance against that particular lady teacher.  She became simply a scape goat for his professional advancement.  As such, India T.V., which showed this video is also not highly respected for its news credibility.  Some days back, this very news channel showed the "HEAVEN" at the top of Himalayas, where, Pandavas went after their death. This is the only news channel, which could take us living humble human beings to the heaven during our life time.

Having said so,  I always say that there will be always people, who would like to chew the sensational stories.  Assuming but not admitting the credibility of this video, if a wife beats husband it is really sensational and news worthy item.  If husband beats a wife (often it is happening), can any one watch such video.  We see them with our naked eyes in every day life.  You go to any slum after 9.00 PM and see several instances of drunkard husband beating the wife.  That is not new and that is not news.  Videos are not being made.

Now coming to legal question.  The person, who is relying on this video, first has to show that the male person is husband and female person is wife.  Next he has to prove that this video is not doctored.  That too from Government authorised Forensic lab. Then the expert has to come in the witness box and prove the authenticity and non-doctoring of the video.  It has also to be seen that whether the man has not provoked her to such an extent out of the camera view to receive the beating within the range of camera.   Next have to explain to the satisfaction of the court that why wife has become such violent.  I am not putting any allegation against the man, but suppose in the afternoon, the husband had s*x with the maid, the wife is taking revenge and abusing him physically.  Then the courts will see the beating of wife completely in different light.  

This thing is not happening just in matrimonial laws.  In every field people are using deceptive methods.  For example, if an industrialist lost a large market and finished products are lying in his go-down waiting for sale and he is not interested for further production and even then he has to pay wages to a large number of workers, what does he do?  He simply calls the union leader and abuse him without any reason and slap him before his workers.  The workers, provoked, immediately go on indefinite strike.  Then the industrialist escapes to pay wages during the strike period.  Every thing has happened as industrialist thought.  All these things are happening in every filed.

 

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.

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