WANT DIVORCE
chetan
(Querist) 18 May 2011
This query is : Resolved
MY FRIEND IS RECENTLY MARRIED. IT WAS FORCED MARRIAGE. SHE IS UNABLE TO LIVE WITH HER HUSBAND AS SHE LOVES OTHER GUY. NOW HER HUSBAND DONT WANT TO LEAVE HER..
IT WAS ALREADY DECIDED BY HER TO LIVE WITH HER LOVER AND NOW BOTH WANTS TO LIVE WITH EACHOTHER..
CAN YOU TELL ME WHAT SHOULD SHE DO TO GET DIVORCE?
PLEASE TELL ME SO THAT I CAN HELP HER..
A V Vishal
(Expert) 18 May 2011
Mr Chetan
Once a marriage is solemnised, her decision to live with her lover does not hold good unless she is legally separated. In case she continues to maintain contact with her lover, then her husband can file a case of adultery. Section 497 of the Indian Penal Code (IPC) defines "adultery" thus: "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 not be
punishable as an abettor."
Section 498 is stated as "Enticing, taking away or detaining a married woman." The ingredients of this offence are:
Any person, man or woman, must entice another woman;
He must know that the woman is the wife of another man;
He must entice her from the person who is in charge of her and takes care of her;
The enticement must be within the intention that she should have illicit intercourse with another person;
Any person who conceals or detains any woman with that intent will also be punished.
Hence unless the husband violates any grounds of co-habitation, the wife cannot get a divorce even if contested.
A V Vishal
(Expert) 18 May 2011
Are you a friend or the other guy?
chetan
(Querist) 19 May 2011
.....................................................
A V Vishal
(Expert) 19 May 2011
THEN YOU CAN POSSIBLY FACE 7 YEARS IN PRISON FOR ADULTERY
chetan
(Querist) 19 May 2011
but she wants divorce from her... nor they have any husb-wife relationship yet.. its been 3mnths of there mrrg
R.Ramachandran
(Expert) 19 May 2011
Dear Mr. Vishal,
Do you notice.
Earlier Mr. Chetan has said "I am the lover". Now in that reply he has put ..................
I am not sure how the Administration is allowing this type of correction by the Author. If this is done, then tomorrow anybody can change their original posting and the answer which was given based on the original posting would look absurd!
THE ADMINISTRATION HAS TO FIRST PLUG THIS LOOP-HOLE.
A V Vishal
(Expert) 20 May 2011
I have noticed it Mr Ramchandran, may be our friend is shying to declare his love. As far as the admin is concerned, he has given an option to rectify mistakes but such misuse is bound to happen.
Advocate. Arunagiri
(Expert) 20 May 2011
They can file a divorce petition. It will be decided based on the merits of the case.
