• Exploitation by prostitute claiming to be live-in partner

This is about my father who is 70 years old, retired person living off the pension in his home.

Background events:
1.	I don’t stay with my parents due to work location.
2.	3 years back my mother expired due to medical condition.
3.	My father stayed alone at his own house. Had cook and part-time maid taking care of chores.
4.	About 1.5 year back, my father got a phone number of a madam who supply prostitutes and called that number.
5.	He befriended the madam and started meeting her at his home. She is divorcee with a kid.
6.	She has been visiting and staying overnight with him regularly since then. Like sometime 4 days in a row.
7.	Our neighbors and shop keepers have seen her walking with him and the maids know that she used to stay there.

Legal Concern:
1.	A few days back, they had a fight and he asked her to leave. Stopped taking her calls, etc.
2.	She came one night and he allowed her in. she claimed to be pregnant with his child. 
3.	They had a fight same night and she called PCR from his home. 
4.	They spent hours at the police station and then they compromised and came back home.
5.	No FIR in the local Police Station. Maybe some letter, etc. that we are unaware of.
6.	Now, she has moved with her luggage in my father’s house.
7.	She is blackmailing him that she’ll file a case of rape - as live-in partner having sex on promise of marriage.


Questions:
1.	I think she can take legal action like file an FIR against my father for rape. Is this correct?
2.	She claims to have some voice recordings. Can it be used as evidence?
3.	If she files an FIR what happens next?
4.	How to obtain anticipatory bail and how long is it valid?
5.	Can we file a case for blackmail? We don’t have any recording etc.
6.	How can we ask her to vacate the house?
7. does she have legal right in my father's property?

Thanks a lot in anticipation.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
Dear Querist
My opinion on your queries are as under:

1.	I think she can take legal action like file an FIR against my father for rape. Is this correct?
Opinion: Yes, she can be file a case for rape as sexual relationship based on the false promise of marriage.

2.	She claims to have some voice recordings. Can it be used as evidence?
Opinion: Yes, it can be used as an evidence u/s 65B of Indian Evidence Act.

3.	If she files an FIR what happens next?
Opinion: File an anticipatory Bail before Session Court/High Court u/s 438 of Cr.P.C.

4.	How to obtain anticipatory bail and how long is it valid?
Opinion: As above, It depend on the court that it is conditional or not? if conditional then the condition should be fulfilled, otherwise there is no limit, it may be continue till the final disposal of the case.

5.	Can we file a case for blackmail? We don’t have any recording etc.
Opinion: If there is any threat for extortion or blackmailing then your father may file a complaint against her.

6.	How can we ask her to vacate the house?
Opinion: Try to settle the matter amicably, it will be better for both the parties.

7. does she have legal right in my father's property?
Opinion: if she proved that she is live in relation with your father then she can get an residence order in your father's home otherwise not. apart from this she can not get any share from the property.

Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. Yes, she can file case rape on promise of marriage.
2. Voice recording though a valuable piece of evidence is very hard to prove.
3. Police may come to arrest your father unless he manages to get anticipatory bail prior to that,
4. Meet a good local lawyer. He will help you.
5. Yes such complaint can be done and better do it.
6. By hook or by crook get her out of the house. Once that is done , do not allow her to let in the house anymore.
7. No, she has no right in it.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
1) gather some evidence that she is a prostitute . does she have any cases filed against her for running a prostitution racket . 

2) has your father made any promise of marriage . i presume it is false statement made by her . even if she files case of rape on grounds that false promise of marriage has been made your father can contest case on merits

3) your father should deny that any such promise has been made and that he merely had sex with her on payment of money .

4) obtain anticipatory bail  . you should as son go and start staying in said house with your family 

5)the lady can rely upon voice recordings . if possible try to have amicable settlement 

6)if she is able to prove live in relationship she can seek right to stay in your father house under Dv act .
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Hi, it is better you can collect evidence whether she is prostitute or not if so then allegation made by her is not hold any water if she lodge a police complaint it is better you can approach Hon'ble Court and get anticipatory bail  and it is better you can also lodge a complaint for blackmail to your father and she has no right to claim father property provide if she able to establish that she is in live in relationship with your father before the court then she is entitled for the maintenance.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) only after FIR is lodged can you apply before sessions court for AB 

2)number of lawyers on this site from new delhi .Mr Ashish Davesar/ Mr Naddem Qureshi / MR thukral are all from New delhi . 

3) obtaining Ab wont take much time
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
You can contact me personally or over the phone.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. She can file a case for rape on the ground that she consented to sex with your father on the promise of marriage which was dishonoured by him subsequently. Your father will have to prove the falsity of her charges. In a rape case the statement of the girl can be accepted on face value.

2. Voice recordings can be used as evidence in a court of law.

3. If and when she files a FIR police will be at liberty to arrest your father if the latter has not obtained anticipatory bail.

4. To obtain AB you need to engage a lawyer and file for AB. It is valid till the culmination of the case.

5. You may file a case for criminal intimidation against her, but without any proof it will have no legs to stand on.

6. In order to remove her your father needs to file a suit for eviction against her.

7. As a live in partner, which she will assert in the court, she has the right to stay in the property of your father and also cull out maintenance from him. A female live in partner has the same rights as a wife.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1.	I think she can take legal action like file an FIR against my father for rape. Is this correct?
Ans:Yes.She can file false FIR,even though their relationship were under consensus.   
2.	She claims to have some voice recordings. Can it be used as evidence?
Ans:Yes.
3.	If she files an FIR what happens next?
Ans:Immediate actions from police to arrest your father.  
4.	How to obtain anticipatory bail and how long is it valid?
Ans:You can either approach district court or high court in this regard and valid period of AB is 30 days.
5.	Can we file a case for blackmail? We don’t have any recording etc.
Ans:Limited scope.
6.	How can we ask her to vacate the house?
Ans:Verbally, and if she does not obey,move legally by filing a police complaint of trespass in concerned police station.   
7. does she have legal right in my father's property?
Ans:It is your duty to disprove that she is a mere trespasser and thereby to disclaim her alleged right on the property of your father.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1. Yes, certainly she can lodge FIR against your father alleging rape with or without the promise of marriage,

2. Yes, audio recording is accepted as valid evidence by India Courts,

3. If her complaints are treated as FIR then your father is likely to be arrested for which he should avail AB,

4. On hearing about fer filing FIR, you should file a petition for AB. Develop rapport with local police station so that you can get the information about her filing FIR immediately,

5. You can file any case against her but you shall have to prove your allegation otherwise your filing of case may back fire,

6. It is your father who has to tell her to vacate the house. Moreover, she will be questioned as to how & in what capacity  she has entered there,

7. If she can prove that your father had live in ralationship with her with the promise to marry then she can claim her residential right though it will be difficult for her to prove her claim.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. AB application is filed only after anticipating that one may be arrested & such anticipation arises from the FIR filed by the complainant against him,

2. So, AB application can be filed only after the FIR is filed,

3. Keep rapport with the police to get the immediate information of filing of the FIR to file application for AB,

4. It hardly takes 15 days.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi, contact any local advocate or you may contact Ashish  Davessar or  Nadeem  Qureshi.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0