I am a software engineer, i have met a girl online. Had a relationship with her for 3 months.
She is pregnant now.
Now i came to know she is a prostitute, She is already married. She has two kids
She was in rescue home for 9months.
She has filed a 498A case against and she is demanding 20lakhs. I have never married her
Please Suggest on how to proceed with this case.
Asked 3 years ago in Family Law from Hyderabad, Andhra Pradesh
1) no 498A case is maintainable . it can only be filed by wife not a mistress
2) section 498A reads as under
498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
3) you can move HC for quashing the complaint
1. Since you are not married with her , no case u/s 498A case lies.
2. However it would be difficult for you to disprove the marriage , more so, when she is pregnant.
3. The pregnancy would bolster the belief of marriage between you.
4. The uncertainty over the marriage would create obstacles for the High court to quash the case.
1) As you are not the husband of the woman a case under 498A of IPC is not maintainable.
2) Your option is to move the High Court to quash the complaint lodged against you.
3) Engage a lawyer to help ypou.
It is advisable that you move an application for quashing of the FIR. It is not understood as to how the police has registered a case of 498A if you were not married to her. Since you are not legally married to her, no case under Section 498 A is made out against you. Since she is pregnant by you, you would have to be strong while denying any marriage with her and you would need to prove that she is a prostitute and that you hired her services and now she is blackmailing because of that. If she can prove that she was married to you, then the HC will not quash the case against you.
1. The said case u/s498A filed by her against you is not maintainable since she is not your married wife,
2. It is a fit case to file a petition for quashing the said FIR on the ground of maintainability,
3. You can file the said petition immediately before charge sheet is filed.
The above learned advocates have given you what you should do.
Additionally you shall file a counter complaint telling that she is a prostitute and that she is blackmailing you. Accept in the complaint your relationships and all the true facts. As for pregnancy tell that you had always used condoms and that she could have never got pregnancy through you. And that she might have got pregnancy through some other guy.
Another way of counter complaint is to deny completely that you had any relationship with her at all and that you are online friends and have met once or twice to have coffee. This line will suit provided she is lying with pregnancy story. So prior to this complaint you need to ascertain whether she is really pregnant.
Apart from a lawyer you can engage a good detective agent too if that can help you out.
1. You cannot be prosecuted for 498A as you are not lawfully married. You can apply for quashing of the complaint. It is a good case to succeed.
2. However, you can be prosecuted for the offence of adultery as you had committed intercourse with her even though she is the lawfully wedded wife of some one else. If she files a case for adultery then you may contest it on the ground that you were not aware of the fact that she was already married. The charge of adultery is more serious than 498A as it carries a more stringent term of imprisonment.
3. Her pregnancy will make it difficult for you to wriggle out of the case. If you are able to prove that she is a prostitute, the adverse consequences which are likely to ensue to you on account of her pregnancy, can be mitigated. You will require very clinching proof of her being a prostitute. Engage a detective agency apart from a lawyer immediately.
Hi, complaint under section 498/a is not maintainable you have to apply high court under section 482 Criminal Procedure Code for quashing the FIR.
if you confirmed that the child is your's then it will be better to settle the matter amicably after the negotiation,
if not possible then you may file a quashing petition before High court and raise the question that only wife has right to file the 498A case not the mistress. there is very strong chance for quashing.
Advocate, New Delhi