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husband can take dvorce???

Page no : 2

Adinath@Avinash Patil (advocate)     07 February 2010

SUCHITRA YOU WILL BECOME BEST ADVOCATE/LAWYER.

THERE IS SIMPLE WAY THAT WITHOUT OBTAING  DIVORCE HUSBAND AND WIFE  CAN ADOPT CHILD.

GOD IS ALWAYS TAKES THE SIMPLE WAY BUT HUMAN BEHAVIOUR IS NOT ACCEPTE SIMPLE WAY.

 

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Suchitra. S (Advocate)     07 February 2010

Thank you seniors , for your encouragement and support. I am still a student and wish to get your advises in my journey ahead as an advocate too..  :)

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Niraj Kumar (Senior Technical Architect)     07 February 2010

I read the reply from Suchitra madam, I've a query can a wife seek divorce or maintenance on ground of her husband's impotancy? I was going thru following thread and found the answer in affirmative:

https://www.lawyersclubindia.com/forum/Should-impotent-husband-maintain-his-wife-/14075/

 

Mohit Attri (lawyer)     07 February 2010

hmmm ur rite suchitra.i think abb mujhe vi aapke sath agree hona padega.conclusion from the above replies is that the husband can not take divorce on this ground.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 February 2010

"according to HMA purpose of marriage is only to continue the  VANSH" - who says you this? read once again HMA and find where it is written?

this dialog actually taken from a sanskrit shloke " putrarthe kriateye varjya" which means marriages are for begetting a son. the above 'shloke' did not explain, if sons are only there how the next generation will come?.

Mohit Attri (lawyer)     07 February 2010

 if sons are only there how the next generation will come?.

me agree mr gupta ji but accrding to HMA a hindu person must have a son .wthr it is natural or adopted.

but atleast one is neccesry

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 February 2010

HMA means The Hindu Marriage Act, 1955 (act no 25 of 1955).

"accrding to HMA a hindu person must have a son .wthr it is natural or adopted."

Please read it once again and find out where it is written 'a hindu person must have a son .wthr it is natural or adopted'. if you found, please post for my knowledge.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     07 February 2010

mr adinath, there is a sanskrit shloke that "vinna ruchrhi loka" - teste of every person is dirrrent. yes there is a provision of adoption. but that does not mean that every issueless person will adopt a child.

the adopted child is not made of the person's own blood or womb. he / she may not like such things. he / she may have desire a child of his own blood and the person knows that  he / she is in appropriate physical condition. the question is how this desire can fulfil by a legal procedure. surogecy is one of them.but doubts are also there.

Adinath@Avinash Patil (advocate)     08 February 2010

MR.ARUP, SUROGACY IS NOT RECOGNISED BY LAW, ADOPTION IS RECOGNISED BY LAW SURGOCY IS NOT INDIAN CULTURE SUROGACY ALSO NEED CONSENT OF WIFE AND AS YOU SAID DOUBTS ARE THERE. IMPOTENCY IS NOT FAULT OF  HUSBAND OR WIFE.  IN MY OPINION IMPOTENCY IS NOT GROUND FOR DIOVOCE .

SANSKRIT SHOLKS IS THERE BUT THAT DOESN'T MEAN HUSBAND  SEEK PERMISSION FOR SECOND MARRIAGE.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 February 2010

Mr. Adinath,

surogacy not yet recogonised but going to be recogonised, one member posted it. though adoption recogonised by law but it is not a popular thingh as because it is not coming from one's own blood.

it is a new tecnic. it is not a culture either indian or western'

"SUROGACY ALSO NEED CONSENT OF WIFE" -  when no law is there how can we say it.

perhaps you want to say that your opinion is ' impotent ' should not be a ground for divorce. but ' impotent ' is already a ground for divorce. my personal opinion is impotency should remain as a ground for dissolution of marriage, because it is most importent part of a marriage. very particularly for young boys and girls.

no, no that shloke does not mean that the husband has to take permission from the wife for the second marriage. i told it in different context, -  while a person having full capability to be a perent, then why the person will be deprived from being a parent, due to the lack of capacity of his/her spouse.

Mohit Choudhary (Senior Software Engineer)     11 February 2010

I agree with Suchitra...

Mohit Choudhary (Senior Software Engineer)     11 February 2010

You can adopt the child.Only divorce is not the solution of your problem.Think..... 

  

 

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     11 February 2010

what your client wants? divorce or having a child?

Mohit Attri (lawyer)     12 February 2010

@arup kumar gupta

sir he want divorce nd only divorce.bceause he is a villager nd living in a traditional faimly

Suchitra. S (Advocate)     13 February 2010

 It is not like disowning a cow just because it is not able to give bith to calf. Ignorance of law is no excuse. All you can do in this case is, to find some ground specified for divorce under law, prove it to the satisfaction of the Court with your advocacy and get him divorce.

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