LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

husband can take dvorce???

Page no : 3

Mohit Attri (lawyer)     13 February 2010

@suchitra

i agree wid u

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 February 2010

must chose a suitable ground for divorce under sec 13(1), like cruelty or desertation etc, but mind it you have to prove it at court, where a strong advocate (like ms. sucharita) may be there.

the otherway go to mutual divorce, as you described the parties, convince her - if necessary pay some lump sum money for it & get signed, after six months again give some money to happy her and witness her for mutual divorce. and do not allow any other advocate to reach the parties.

Mohit Attri (lawyer)     13 February 2010

after lum-sum money,wife will entitle for maintenance in future???


(Guest)

Mr. Arup Kumar Gupta's advice of 13.02.2010 is one of the worst advices I have seen on the subject.  The husband's desire is not only illegal but also unjustified.  Such people should be discouraged from taking divorce.  If any one aids to them, they are accomplices in civil (some times criminal) illegal activity.

If there is no ground for divorce, do not create a ground and explain the person that he is not entitled to divorce.  When would an Indian male (most of the times women also) learn to respect women who cannot  begotten children.  It is not handicap.

Do not drag Ms. Suchitra to defend such useless cases.  I hope that if she joins legal profession, she would throw such clients out of her office without hesitation.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 February 2010

Mr Mohit, it depends upon the mutual divorce agreement. As the agreement made, may be, lump sum or monthly payment, or both. It depends upon the understanding between the parties.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 February 2010

Mr Prabhakar, I am preparing a suitable answer for you. may be posted today or tomorrow.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 February 2010

Mr. Prabhakar, I hereby answering your question to me, dated 13/02/10.

“The husband's desire is not only illegal but also unjustified”

- why mr prabhakar?

‘The said desire for a child is illegal’

– In what sense?

-Why it is illegal?

-Why it is unjustified?

As he is male, that’s why?

If the person was female then, it was legal, it was justified but as he is male, his all desire is unjustified, illegal?

 

·        HMA Sec. 12. Voidable marriages. (1)Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely that the marriage has not been consummated owing to the impotence of the respondent ;

 

When a male is impotent, the wife has the right to annulled the marriage, while a woman is unable to be pregnant, while a man will not be allowed to annulled the marriage?

Impotence means, incapable of s*xual intercourse, often because of an inability to achieve or sustain an erection. When a woman is in similar position, why her spouse will not be allowed to annulled the marriage?

Before passing the Hindu Marriage Act, a male had the right to have a marriage during the lifetime of his wife/wives. HMA snatches this right of a Hindu male by virtue of,

HMA. Sec 5. Conditions for a Hindu marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:- (i) neither party has a spouse living at the time of the marriage;

read with

HMA Sec. 17. Punishment of bigamy.- Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living ; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly.

How it is justified in the light of the above case of Mr Mohit?

If you or any other member have any logical & Justified answer – please post it for my knowledge, as well as others, like me.

·        As you said “Such people should be discouraged from taking divorce”   -

Why it is so?

Why he will be advised wrongly?

Why, he will be slave of her?

·        As you said “If there is no ground for divorce, do not create a ground” - there is ground for divorce and ie, irretrievable break down of marriage. This ground was recommended as a sole ground for divorce at least twice, by Supreme Court, and the Government is still unable to answer the same. The answer is still awaiting for the public. I am sorry, you are unable to realize the ground.

If that person comes to us with a false story of cruelty, then what will we do? As he told truth, therefore he will be condemned? He will be blamed? Keep it mind that ‘truth is streinger than fiction’. If one is honest, he should tell the whole story how the males are deprived since Independence.

You said – “learn to respect women who cannot begotten children.” – I ignore your  this particular advice. Because here it is not at all the issue that on the ground of issuelessness, a woman should be hateried or not on the contray it is the issue that how a legal service can be provided within the present act to a spouse. You please go through my previous postings of this thread, and find where woman is being hatread on her issuelessness. Your imagination is good. When logic fails, you started an imaginary issue of ‘women hate’.

Mr. Mohit posted again and again with this issue, which means his client’s spousal relationship irretrievably broken down, under this position it is best to have divorce. Otherwise it may be turn to any other complicated matter.

IT IS IMPOSSIBLE TO MAINTAIN A MARRIAGE FORCEFULLY. Legally speaking - The Hindu Marriage Act has no such intention. But in practice – it is doing so by keeping some questions unanswered.

·         As you said “If any one aids to them, they are accomplices in civil (some times criminal) illegal activity”. You may bring a criminal case against me.

 

THANK YOU.

 

1 Like

Mohit Attri (lawyer)     14 February 2010

gupta ji be cool

plz be cool

i exactly want to convey the same as u said in above reply.

 

When a male is impotent, the wife has the right to annulled the marriage, while a woman is unable to be pregnant, while a man will not be allowed to annulled the marriage???

we know it is not a ground in HMA but we can creat it.

it must be a ground of divorce.

2 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 February 2010

sorry mr mohit.

Mohit Attri (lawyer)     15 February 2010

gupta sir sorry for what???

really this was ur best reply 

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 February 2010

Thanks mr mohit


(Guest)

@ Arup Kumar Gupta,
The explanation you have given for male impotence means he cannot give his wife any s*xual satisfaction.
He might still be able to have a biological child, unless artificial insemination is also legally not recognized.
Similarly, a man who cannot maintain an erection might not be able to have a child, if his sperm count and motility is not adequate.
The law, as always, is stupid, outdated and r*tarded. 

 


(Guest)

Oops! Chage that to:

Similarly, a man who CAN maintain an erection might not be able to have a child, if his sperm count and motility is not adequate. The law, as always, is stupid, outdated and r*tarded.

Avnish Kaur (Consultant)     04 January 2011

mr mohit, was this fact known to wife and hidden from husband at time of marriage?

Pankaj Raj (HR)     06 January 2011

Respected Avinash, Aravind, Makkad, Vikas and Suchitra,

Court ordered - 2nd time  Ex-parte decree. she gone for an appeal after 150 days against the Ex-parte decree. Court dismissed her appeal.

In this condition, when can i remarry?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query