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Friday, April 20, 2007

I may be the fool here, but let me risk the possibility of being termed just that

Why this Dual Standards? -Why dont we write the laws entirely pandering to women's desires instead. Re:Married woman can live with her lover, says court

Ref:Article in Hindustan Times, dtd.April 19, 2007 -> http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=9e0b7ae6-86f2-4cb8-812e-a71677b4d729&

Married woman can live with her lover, says court
by KS Tomar, Email Author , Jaipur,

Subject: But really..........Can a married woman lawfully live with her lover against the will of her husband?
(do comment on this subject at http://www.saveindianfamily.org/articles/2007/04/i-may-be-fool-here-but-let-me-risk.html )

Hello Everyone,

I may be the fool here, but let me risk the possibility of being termed just that, and yet ask everyone- whether a woman can live with her lover(especially without the consent of her husband!, howmuchever unlikely the possibility of situations to the contrary could be!), while her legal marriage with her husband still exists(will she be legally correct in doing so?. At least isn't a crime of Adultery for her lover?): http://www.vakilno1.com/bareacts/IndianPenalCode/S497.htm , excerpt of this is quoted at the bottom of this mail for ready reference).


Its a simple question, which I consciously made so short so that we can start the discussion based on the popular verdict on this.

The secondary question related to whether a married woman can live with her lover, while her legal husband is alive and non-consenting to this scenario, is that, whether a Judge of an Indian court right, in pronouncing that there is nothing wrong (did the learned judge mean that nothing is wrong 'morally'!, is his role to be a love-guru or a culture-vulture or even a purveyor of morality, or , as expected of him, the upholder of justice or at least, in the bargain, the upholder of WRITTEN LAW prevailing in Present India!).

Some observations on the news(this is uploaded at http://www.protectindianfamily.org/?module=filesdb&id=7&fid=3&get=1 for reference)

The judge may be logically or even morally correct in taking this stance in the above scenario, since the girl, in this case, seem to be not all interested(even before marriage she had this 'thing' going!) in her 'legally-married-to-husband". Moreover her lover seems to be ready to face a possible 'Adultery' case! against him, which is what the IPC 497-Adultery
reads out, but only that the judge is not at all ready to take action against him on grounds of adultery, which is the justifiable behaviour expected out of an Honourable Judge(I am assuming that the detailed judgement really doesn't talk about an action under section 497 ie. Adultery law, already been pressed on the lover)

Why this double standards by the Judiciary!- when a girl does obviously wrongful acts according to the WRITTEN LAW of a country, she gets away with favourable interpretations, hearings and readings of the law. This is ensure even if it requires our Judges to do this by bending over backwards or even winding themselves into unjustifiable coils of Judicial wisdom and interpretations, and "woolly woolly words" for judgements, with a willing 180 degree spin-doctoring by the Judiciary , only when the party concerned is a woman(along with her paramour, intact, at her heels). I am not at all justifying the girl's husband, I am just focusing on the courts lenience towards her, which is just the summary of many a case in India, a blatant Gender-Skew!.

Meanwhile when men live by the law, they are treated Guilty until proven innocent(by his own effort, ie. burden of proof solely on himself), yes I am referring to the misuse of gender-biased-skewed laws like IPC 498a and Domestic Violence Act , etc.. If in the legal interpretation of our judges men always have a propensity to do 'bad', and thats why they need to give some 'headstart' to women by ruling in favour of them!, why don't they change the 'WRITTEN LAW ' , so that at least men do not have the ignominy of living with a
non-enforceable Indian Penal Code with respect to men, by and large!.

So the Questions once again are:

1. Whether a married woman can live with her lover, while her legal husband is alive and non-consenting to this scenario(this has reference to the validity of the Adultery law ie IPC 497, as it stands now!)- will she be legally correct in doing so

2. With respect to the above scenario, whether a Judge of an Indian court right in pronouncing that there is nothing wrong on the part of the lady or her lover.- Is the Judge legally correct in doing so

Reference: Indian Penal Code, Section 497. Adultery

Whoever has sexual intercourse with a person who is and whom he knows
or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of
rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor
.(->Interpretation, the Girl is not an
offender of any law in this case, not even a co-accused!)


----------------------------------------------------
On 4/19/07, ramdama dam wrote:
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=9e0b7ae6-86f2-4cb8-812e-a71677b4d729&Can a married woman lawfully live with her lover against the will of her husband? The Rajasthan High Court says yes. In a judgment on Wednesday, the court allowed a married woman, Manju, to live with her lover, Suresh. "It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay," said justices GS Mishra and KC Sharma. The court also said that nobody should consider an adult woman as a consumer product. While dismissing a habeas corpus petition filed by Manju's husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce. Commenting on the judgment, senior Supreme Court advocate and noted women's rights activist Indira Jaising said, "Though it sounds strange, I am in complete agreement with the high court." "At the end of the day an adult woman has a right to decide whom she wants to live with. She can't be forced to go with her husband against her will," Jaising said. In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manju's husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing. Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law. As for the other man, she said, "it seems he is ready to face that". National Commission for Women Chairperson Girija Vyas said that although it seemed like an important judgment, she could not comment on it since she had not seen it yet. Manoj Chaudhry, the counsel for Manju and Suresh, had earlier rejected as baseless the allegations that Manju had been kept in illegal confinement by Suresh. He said that the duo had been living together by their free will and that the relationship had begun even before Manju had got married. With inputs from Satya Prakash and Sutirtho Patranobis.


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15 comments:

Anonymous said...

A married person can also live with anyone she likes to but has to face the consequences. Simple as that. If this is not followed then there is something wrong with the law. If we are talking about India, and domestic problems, then we have to know that it can at times take about 5-6 years for some cases to come to an end. UK Guy.

Anonymous said...

Same old corruption and the bribes are now even bigger. Poor have no chance the way the politics is organised in India. A new Gandhi will be shot dead by the Indian politics on the same day.....it seems as bad as that. A country that invents the one sided penal code 498A to trouble and extract money can do anything...Peace UK

IPC 498a provides for arrest of the offender(s) as named by the wife in a written complaint submitted to the court or magistrate.

An offence under this section is Cognizable (arrest before investigation), Non-Compoundable (case cannot be dismissed even if complaint is withdrawn) and Non-Bailable.

These provisions allow offenses under this section to be treated on par with offenses such as murder.

This law assumes the accused to be guilty until proven innocent. The statement of the wife is assumed to be candid and truthful in all respects. No evidence needs to be furnished by the wife.

PEOPLE HAVE COMPLAINED FOR AGES AND ARE NOT ABLE TO VISIT INDIA IN FEAR OF BEING STUCK THERE FALSELY FOR 5-6 YEARS. People in India are already in more trouble as are arrested within seconds of a false complain.

Anonymous said...

I think Shilpa said something in the line of... he is from overseas and different culture and needs to be treated well specially when he is doing so much for India. May be an Indian guy who if had done the same to Shilpa might have faced the Indian penal code 498A or the DV law introduced by an Indian lady law maker??? For those who dont know what this penal code misuse is can check the internet for it. The overseas guys stuck in this misuse of the law by Indian ladies will know better. They cant even return to India in fear of being troubled for about 5-6 years. Nothing is likely to happen to Gere. How India will face this challenge now???!!!

Anonymous said...

http://suicidenoteofhusband.blogspot.com/

Anonymous said...

The law needs to be re-worded so leaves no room for misuse. Who is going to apologise to the people who suffer now and the ones who suffered in the past and for the lives lost??? Man - UK

Anonymous said...

Peopla are dieing due to the misuse of Indian Penal Code 498A and DV Law and people and lawyers are interested in Gere - Shilpa kiss???!!! The law makers of this law have left a window open for the legal misuse and they need to be taken to the court for so many deaths. How can they sleep like this???!!!

http://suicidenoteofhusband.blogspot.com/

If this does not open, search in google.

Anonymous said...

Peopla are dieing due to the misuse of Indian Penal Code 498A and DV Law and people and lawyers are interested in Gere - Shilpa kiss???!!! The law makers of this law have left a window open for the legal misuse and they need to be taken to the court for so many deaths. How can they sleep like this???!!!

http://suicidenoteofhusband.blogspot.com/

If this does not open, search in google.

Peace - UK

Anonymous said...

This is part of the comment already on internet (copied pasted):-

"Thousands of cases are rotting without trial for years under section 498a...False cases that have been filed against men AND WOMEN who are being tormented by the police and courts as we speak. And when all these victims of misuse of law get acquitted will those statistics be publicized to support the introduction of new laws that punish women who are abusing laws?

Apart from all the pain and suffering endured by victims the society incurs a huge cost because of false cases. Right now India is busy filling up lock-ups and courts with innocent citizens who could otherwise have spent their time to add to the productivity of the country. In addition, frivolous lawsuits that drag on for years distract attention from real crime that needs to be addressed immediately.

Anonymous said...

Man - UK >>> This is on internet (copied pasted):

"Section 498 (A) of the Indian Penal Code makes it mandatory for police to book husband and his parents and other relatives/friends whoever being named on the complaint by wife or her close relatives and jail them.

This section is non-bailable, non-compoundable (complaint can't be quashed) and cognizable (arrests without investigation to start working on the case). There are several cases, without investigation initially, police arrests elderly parents, unmarried sisters, pregnant sisters. Few parents and sisters have committed suicide after spending some 5 to 15 days in jail. Whereas, Filing a dowry case is as easy as ordering a pizza. . There is no penalty (even a fine) for filing a false case".

Anonymous said...

Anonymous said...
THIS IS ON INTERNET. COPIED PASTED.

"Man - UK>>> This is on internet (copied pasted):

"Section 498 (A) of the Indian Penal Code makes it mandatory for police to book husband and his parents and other relatives/friends whoever being named on the complaint by wife or her close relatives and jail them.

This section is non-bailable, non-compoundable (complaint can't be quashed) and cognizable (arrests without investigation to start working on the case). There are several cases, without investigation initially, police arrests elderly parents, unmarried sisters, pregnant sisters. Few parents and sisters have committed suicide after spending some 5 to 15 days in jail. Whereas, Filing a dowry case is as easy as ordering a pizza. . There is no penalty (even a fine) for filing a false case".

SO ALL THIS SPEAKS FOR ITSELF. HOW ON EARTH THIS LAW EVEN WENT THROUGH AS AF AS THE RUBBER STAMP STAGE? I THOUGHT THAT THE POLITICIANS CHOSEN WILL BE MORE CAREFUL. THIS MATTER IS BECOMING A WORLDWIDE JOKE. INDIA'S PROGRESS MEASURING YARD IS THE WEST. IF THEY SAY INDIA IS COMING UP FAST, THEN THAT IS FINAL. INDIA IS SWELLING UP LIKE A BALOON WITH FALSE PRAISE. THIS LAW AND THE CORRUPTION WE SEE IN INDIAN OFFICES IS NOT TAKEN INTO ACCOUNT WHEN THE WESTERN PRAISE IS HEARD. INDIANS WILL DESTROY INDIA THE WAY THE COUNTRY IS PROGRESSING. NO BOMB OR ANOTHER COUNTRY WILL BE REQUIRED TO DESTROY INDIA AND TAKE IT BACK MANY YEARS...AS THE WAY IT IS TRYING TO MOVE FORWARD IS NOT THE RIGHT WAY. IT IS A MATTER OF TIME. THE CLOCK IS TICKING. Peace - UK

Sun Jun 10, 03:24:00 PM 2007

Anonymous said...

YES THE ABOVE SPEAKS FOR ITSELF. THIS IS WHAT IS BEING SAID ALL ALONG FOR A LONG TIME. Peace - UK

Anonymous said...

When this sort of law is misused by a lady, be ready to know that the marriage is over.

Gentleman, firstly I feel that the marriage is over. You either try to be like her and place as many accusations as possible against her and so she can have the taste of her own medicines. OR try to be like Gandhi and suffer...and which I feel in this matrimony case where a lady misuses the law, will be of no use. FIGHT back. This is the only way the message will go to the law makers and these type of nasty ladies. This topic has been going on for very long. Soft approach will not bring the required results. NRI Guy

CruiserDeep said...

Hi UK-Man , Mind letting me know who u r?... may be a private mail to me or so(mail me at drmura@hotmail.com or gokulvs498a@gmail.com)

Anonymous said...

Anonymous said...
CruiserDeep said...
"Hi Man , UK, mind letting me know who u r?... may be a private mail to me or so(mail me at drmura@hotmail.com or gokulvs498a@gmail.com)"

I am glad you replied.

Gentleman I have read your message here.

So much bad happens in India that people sending in messages are bit reluctant to place real name and address to this.

A common belief (Please understand why I have said this, ie common belief). I have got my life to live.:

People in India use money to organise unthinkable false documents with proper office stamp on it. At times the documents come from proper office but have been obtained by giving fasle information and as such the office is covered but the guys giving in false information are still in the wrong and it is difficult to sort all that out when you are firstly placed in prison. Even the Indian offices refuse to answer to this as many of them have been involved to organise so much bad. For example how are you going to tell someone that a so and so took bribe and a so and so organised false and doubtful documents? Yes you write and ring. But they dont want to come forward and reply.

Money speaks faster. Firstly you can see that in this 498A section how safe a lady is after giving false information. Basically the victim suffers for about 5-6 years to prove himself right. Is that fair? I have always loved India and been there many times. For example if I say this someone is a thief, then it is my duty to prove that he or she is a thief. Why that someone has to prove that he/she is not a thief?

"Section 426. Punished for mischief

Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both."

Yes the laws are in place but how you start when you are firstly arrested and degraded and laughed at and may be even beaten.

Will a minister's son be arrested firstly in such type of false accusations?

Typed quickly. So please correct and read.

To cover myself, even I have to say here that I take no responsibility for giving this information. The whole matter said above is as such without prejudice

Peace - UK

Anonymous said...

Just saw this on internet...Reader - UK

"Sunday, July 01, 2007
namit Juyal - Noida/Uttarpradesh
Name: namit Juyal
Comments: I m a software engineer working at noida.I got
married January 2005.after my marriage few months went fine but after
that problems started. My wife is very demanding. She forced me to buy
car in her name for which i had to took loan 2.7 lac from the bank for which i m paying Rs5408 every month . After that she forced me to buy a house
jointly at Greater Noida for which i again took 13.6 lack Home loan & 1.5 lac personal loan from bank for with total emi i m paying every month is RS 20,000
.My parents also helped me by giving 4 lac in buying this house.After that she and her parents started blackmailing me to transfer
the whole house in her name other wise they will file case sec. 498 A against me. Upon resisting they filed FIR against me of Dowery and
Domestic voilence against me and my parents on 18/06/2007.We have taken stay from high court against it.I had to stay in jail for 2 days and i was released on personal bond of Rs 10,000 after the stay from high court. My wife wants huge amount of money,home and car if i have to settel this case which is not possible from me.Kindly help me
Thanks
Namit"