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Tajobsindia (Senior Partner )     16 September 2010

Legal BCI active membership professionals of LCI forum

K/Attn: Legal BCI active membership professionals of LCI forum

 

 

Kindly suggest "social way out" in broader sense with your arguments and counter arguments;

 

 

Que. 1 to BCI Active membership members: If a rapist visits your chamber and commits to his crime will you defend him in Court ? Irrespective of reasons if your answer is yes then are you not committing "legal wrongs" once again to that unfortunate women ?

 

 

Que. 2 to BCI Active membership members: Quoting the then Hon'ble CJI "A woman should be allowed to have a baby out of rape and / or marry the man and drop the rape charge if she so wishes." The social question pops here is that, is these steps justified for that unfortunate women to marry her rapist?

 

 

Que. 3 to BCI Active membership members: Against above two social questions background (i.e. social outcast she faces + social trauma she is subjected to + social far-reaching significance of a unfortunate lady in such unfortunate incidences Vs. similar situation a unfortunate husband gets into which is evolving family law forum discussions as is evident from various to / for postings there) Hon'ble Courts in almost majority of S. 498a IPC cases pressurizes Husband for re-conciliation and "society" is expect in taking back a S. 498a IPC wife into mainfold (i.e. to her matrimonial home or Hon'ble Courts says part way with compensation which starts with Bail hearing onwards where husbands on an average part Rs. 1 L which is a national average as Bail amount to wife which BCI members knows very well). The pertinent "social questions" that pops are;

 

 

(a) Does Rs. 1 L bring back "partial condonation of cruelties" to a unfortunate wife?

 

(b) Is it not a 'legal rape' of that unfortunate husband while seeking his constitutional rights starting with Bail to pay Rs 1 L as bail amount to unfortunate wife? 

 

(c) If your answer to above (a) & (b) are "no' then what is 'legal rape of a husband" during Bail proceedings then?

 

(d) If your answer to above (a) & (b) are 'yes' then are you not committing legal "wrong" once again to that unfortunate lady starting with arranging in giving her a partly sum of Rs. 1 L as bail amount yet asking STATE to continue trial?

 

(e) The last que. that comes for discussion is, is it justified by Society to expect to keep back a S. 498a IPC wife back to her matrimonial home after a husband has paid the Bail amount and 2-3 years down the line during continuation of a criminal charges based trial?

 

 

Kindly discuss from your “collective conscience” for general public consumption as this forum is for Legal professionals interaction with general public based and if it helps in making a harmonious society for next generations!

Long live LCI forum.



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