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exparte divorce and marriage

Page no : 2

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 October 2009

 Remedy under Prevention of Domestic Violence against woman Act. also available to the wife.

Suchitra. S (Advocate)     25 October 2009

Biju Sir, I agree with Anil sir. It will not come under adultry. For adultry, woman sould be married. Here she is a divorcee.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 October 2009

 But Suchithra, here the man is married.

malini (auditor)     25 October 2009

thank all once again.

is divorce in his case difficult??.

to my knowledge both my friend and his 1st wife want to join only for the purpose of the child.


Suchitra. S (Advocate)     25 October 2009

Sir, under S.498 -adultry, a man whether married or unmarried has to have phisical relationship with a married woman. Here the woman is not married anymore.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     25 October 2009

 Yes Suchitra, Thank You.

Anil Agrawal (Retired)     25 October 2009

 Simply put, the charge of adultery can be laid at the door of married person. A divorcee has severed all matrimonial connection. 

Suchitra. S (Advocate)     25 October 2009

Anil ji, woman should be married for charge of adultry. It is not the condition for man.

Anil Agrawal (Retired)     25 October 2009

 Madam Suchitra

I am posting this information with comments.

In Indian law, adultery is defined as s*x between a man and a woman without the consent of the woman's husband. The man is prosecutable and can be sentenced for up to five years (even if he himself was unmarried) whereas the married woman can not be jailed. Men have called the law gender discrimination in that women cannot be prosecuted for adultery and the National Commission of Women has criticized the British era law of being anti-feminist as it treats women as the property of their husbands and has consequentially recommended deletion of the law or reducing it to a civil offense. The Government is yet to act. Extramarital s*x without the consent of one's partner can be a valid grounds for monetary penalty on government employees, as ruled by the Central Administrative Tribunal.

Suchitra. S (Advocate)     25 October 2009

Anil Sir, I know all this and I too think  woman is equally punishable for adultry. Laws should not be gender biased. I explained  the conditions requisite to file a case of adultry. But I know India is only country in the world with gender biased laws.

Anil Agrawal (Retired)     25 October 2009

Dear Suchitra madam

The gentleman is old enough to understand what is what. Enough has been discussed and advised. I think he is capable of taking his independent decision. 

rajesh (abc)     25 October 2009

Respected sirs.(Urgent attention needed please) Please guide me my wife had left my place in the year 2008, after she went i did fir at police station etc but still she did not return after 4 months she filed 498a case at her place which i took stay from high court from allahabad, high court had order to put the case at the mediation center in the month august this year where we both apperared and she refused to come along with me and the same case again went to high court and stay order was remained same, this year febuary i filed a case against her in family court u/s 9 conjunal rights but she has never appeared before the court, now planning to take ex party decree, please advise me what to do further and what if i want divorce her without giving her any compensation to her please guide me and can i get divorce u/s 9 restitution of conjugal right getting exparty decree

Adv Archana Deshmukh (Practicing Advocate)     25 October 2009

After you have obtained a decree for restitution of conjugal rights, if your wife does not join you within one year, then after completion of one year, you can file for divorce. After obtaining the decree u/s.9 you cannot file for divorce for one year.

PK Agarwal (Matchmaker & Relationship Consultant)     27 August 2010

Malini Ji,

You have not mentioned all the factors of the marriages of your friend, even his locality of residance is not mentioned. may be his trouble can be solveed by very simple social methods

P.K. Agarwal

Arup (UNEMPLOYED)     27 August 2010

please read the sec 494 of ipc and corresponding provisions of crpc.

the matter not much complecated, need a careful reading.

mr p k agrwal,

please do not ask address etc and other details. our purpose is to reach the legal help so far as possible.

last posted 25 th oct., thereafter you.

perhaps thread lost it's importence to the originator.

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