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Roshni B.. (For justice and dignity)     07 December 2010

Even USA has given rights to a woman to sue hubby's mistress

NC wife wins $9m lawsuit against husband's mistress

Chances are that you or someone you know has been cheated on in their relationship, or perhaps you were the guilty party. In fact a study by the Journal of Experimental Social Psychology showed that 21% percent of men who are married or living with someone has cheated. Women were found to have cheated at a 1 in 9.09 ratio, equally to roughly 11 percent.

Coincidentally the same rate at which women in America own a firearm.  And of the individuals that have not cheated 1 in 3.3 people in relationships have fantasized about cheating.

Recently though a North Carolina woman established a monumental declaration that not only is the cheating spouse the guilty party, but so is the neighbor, friend or coworker that they have cheated with. Cynthia Shackelford’s husband was part of the male cheating population after what Shackelford assumed was a happy marriage lasting 33 years.

She fell victim to the odds that 1 in 2.7 people who cheat have the affair with a co-worker. When the affair split their household apart, Shackelford took a radical step.

Based off a law dating back more than 200 years, when women were still considered property Cynthia Shackelford sued her husband’s mistress Anne Lundquist for “alienation of affection.”

In the suit she made justification of Lundquist’s alienation of Mr. Shackelford from Mrs. Schackelford attributing to the numerous phone calls to their house, and plentiful rides to her house. Mr. Shackelford has said that he had wanted to divorce his wife prior to initiating the affair but did not.

Mrs. Shackelford’s won the case and was awarded $9 million, though Lundquist has already stated she will appeal. When appealing the case though Lundquist would need to be present for the case, or hire a lawyer which she did neither of during the initial trial.

Cynthia Shackelford wanted this case to be a message to all the other women in men that are breaking-up family homes. She quoted to CBS, “I’m just trying to send a message to other people that are like Anne Lindquist, that if they’re looking at somebody else’s husband that’s still living at home, that’s still sleeping in the marital bedroom, that still sleeping in martial bed, to leave him alone.”

North Carolina is not the only state that has an alienation of affection law. Hawaii, Illinois, New Hampshire, Mississippi, New Mexico, South Dakota, and Utah have this same law.

Beware then when pursuing this option that it is difficult to win, and can only be filed if the marriage ends in divorce or abandonment. If counseling is your preferred method, or “moving on” the case would not hold enough merit.

Shackelford’s case has made history in that no longer is the guilty spouse the only person to be sought after for the destruction of a marriage, and will hopefully give second thoughts to all those 3rd party individuals seeking relationships with married co-workers and friends.

 

https://www.helium.com/items/1784360-cheating-spouse-lawsuit-against-mistress-allienation-of-affection

 

since we indians like to ape american lifestyle,let' modify our own existing laws, or add newer laws to give rights to an indian wife tooto punish her husband's mistress.

else an avg. indian wife has no relief except divorce,while her husbnd and mistress play with her emotions!

now after reading this news, i feel americans atleast regard marriage sacred and therefore giving such rights to wives to punish those who treat marriage as some game.While we indians go on claiming that marriages are sacred only in our country;not anywhere else.At the same time we keep supporting "other women" in the name of "women's rights " for some unknown reasons..



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 6 Replies

Renuka Gupta ( Gender Researcher )     07 December 2010

Each society ‘s laws are positioned in its socio-cultural practices. The practices and women’s position are different in America than in India. In fact we do not ape, but we have assimilated progressive provisions from different constitutions of the world, like was Indian constitution too have been a guiding document for some other countries. Now the law which does not favour suing women for adultery takes into account the fact that most of the women( here we have to take into account both rural and urban scenario) do not indulge in adultery willingly and because they are(mis) guided by their lust. National commission of women and women's rights groups have found that the reasons for adultery may be blackmail by an outsider, there may be pressure from husband for prostitution, s*xual abuse by upper caste people, dipping male female ratio and pressure to hide husband’s infertility and bear a child( she may be pressurized by in laws or husband himself)drunkard and very old husband, chronically sick husband and extreme poverty pushing a woman into adultery for eaking out an income to support the household, etc. We come across such anecdotal events and they are not rare but prevalent anecdotes. Because of this over all subordination of women, women cannot be sued for adultery. When there this scenario is set right for majority of women so much so that they do not need this type of protection, the law in India too would change. Till then we have to keep overall context in mind, though it can’t be denied that a man in adulterous relationship and by implication a woman who is not forced to commit the act of adultery due to reasons mentioned above, become the reason of broken homes.
2 Like

Avnish Kaur (Consultant)     07 December 2010

also law on adultery shud be modified so that both husband and wife can be sentenced for adultery.

but this law can never be passed in india because biggest adulterers are politicians.

also a 200 yr old law reference will not work for them.

2 Like

Roshni B.. (For justice and dignity)     08 December 2010

dear renuka jee,

 

i agree with wot u say...esp. that in backward/orthodox/village families women may be forced to have relations with a married man to bear a child or may be emotionally blackmailed by a married man.

 

however my pst is not pointing to such subjugated women.it's only focussing on punishing those women by the wives of married men,who are usually independent kind,with no sense of right or wrong and  believe in open relationships.so they dont mind living with married men even after knowing their marital status.in such situations their wives are hapless.common examples from our media are-hema malini,sridevi,rekha,etc

now if we turn this situation around,if such laws are passed to help a wife get reliefs in such cases,even village women can benefit.because they have no ,when their husbands who go to cities to find a job start living in with unmarried girls.they avoid bringing their wives to city once they find a house.even if they do,they are no more a slave to their husband and mistress..such wives feel lost in city life and have no one to turn to.

 

i understand that compared to america,indain women have a weaker position,esp. in states other than delhi and mumbai.

however,i feel that just because the overall position of women in whole of india is not so high unlike in metros,it doesnt mean that we wait for full empowerment of women,including in villages and then only gives rights to wives to sue or punish their husbands' mistresses.

 

reason being, the slow pace of empowerment in india,esp. in states like bihar & rajasthan, it'll be many years,perhaps,50-80 yrs. till women have same status as men.so shud we wait till then?and allow urban so called modern women to ruin lives of legally married wives?

 

if a woman has been presseurised by inlaws,hubby to have relations with a married man to bear a child,or if she is blackmailed into having relations with a married man,then obviously laws shud have such a clause that such women who were blackmailed into having relations cannot be sued or punished.rather the blackmailer will be punished,be it the inlaws,their husband or their married lover.

otherwise,where full willingness of the woman was involved into extra marital relations,despite knowing that her lover is married,laws shud be enacted/modified to give rights to wives to punish such women,so that all people,both male and female do not treat ,marriage as a game.

 

Arup (UNEMPLOYED)     09 December 2010

RENUKA JI,

FIRST TIME SEEING YOUR ELDERLY ADVICE TO MS. ROSHNI. THANKS.

 

WE DO NOT APEING AMERICANS. WE HAVE SEPARATE CULTURAL IDENTITY, AND WE ARE HAPPY WITH IT.

 

" but this law can never be passed in india because biggest adulterers are politicians."

- NOT ONLY POLITICIANS; EVERYWHERE IT IS AVAILABLE.

THE POSITION MAKE WORST, BY NOT GRANTING THE  DIVORCE, IRRITRIVEABLE BREAKDOWN OF MARRIAGE ETC.

IT SEEMS THAT THE HUSBAND AND PARTY, TAKES THE LIABILITY OF MAINTENANCE THROUGH MARRIAGE. IF IT IS SO IT SHOULD BE CLEAR BEFORE THE MARRIAGE.

THE WIFE SHOULD GET THE HALF SALARY OF HUSBAND FROM THE FIRST DAY OF MARRIAGE.

Arup (UNEMPLOYED)     09 December 2010

" it can’t be denied that a man in adulterous relationship "

- WHY A MAN in adulterous relationship SHOULD BE CHECKED PROPERLY AND OBVIOUSLY NOT BIASEDLY.


(Guest)

If such law made in India also then it would reduce Sec498A and Dv cases.Because root of many 498A and Dv is such extra-marital affairs.

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