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lota (housewife)     03 April 2013

Pil, divorce and ipc

Hello,

Thank you members for guiding and responding me properly.Please enlighten me here too!

My husband's  mistress knowingly established relation with him.Challanegd me and now stuck with him to kick away me and my kidsfrom his life.I know Indian laws favours women and this is what some cunning women are taking advantage of.

If I file a PIL for including such women in adultary under law will it it work?PIL in such family matters work?If so how to proceed?All women are not ablas and this type of college girls coming for studying from villages make married rich men their prey and finally breaks home.

In my view women who are knowingly gets intimate with married men should be punished.



Learning

 22 Replies

Ranee....... (NA)     04 April 2013

i agree with you.you are a brave lady.

Tajobsindia (Senior Partner )     04 April 2013

1. There were already several PIL sometime back on asked question before SC as well as before Mumbai and Chennai HC.

2. SC has held that questioned IPC Section cannot be declared unconstitutional and stated that the law was a matter of 'policy'.

3. 'Policy' are made by Legislatures.

4. Majority of legislatures are males at both Houses.

5. If you or any affected group of persons can move male legislatures to hear plights of such married women as per questioned query basis by constant lobbying then only such 'policy' can see a change is my view.  

6. Otherwise so Law Commission of India has already put forward its Report before Ministry to bring in appropriate Amendments as per various Personal Laws of the land wayback in 2009 as well as 2003 Malimath Committee Report has already expressed interesting views on asked subject


(Guest)

Why should they be punished?For falling in love???As it is,punishing men for falling in love is crazy and now you wanna punish women too.Great!


(Guest)

To show her bravery she will make few visits to courts and slim down her own pocket. nothing more and nothing less she can achieve. But look at the so called brave woman, she could not woo her own husband even after having two kids...skills at display...

Manish Udar (www.Mehnat.IN)     04 April 2013

good idea

Sudhir Kumar, Advocate (Advocate)     04 April 2013

actually she has started new idea.  A man can be punished for keeping relation wiht other's wiofe (even if she is abandoned) but there is no law for woman to be punished for keeping relation with other's husband.  This isacutally she wants to challnage.

 

She cannto file PIL on personal greivance but this case is more than personal greivance

adv. rajeev ( rajoo ) (practicing advocate)     04 April 2013

initiate proceedings with documentary evidence, because burden lies on you to prove it

Ranee....... (NA)     06 April 2013

Carry on Lota.this is another reason which encourages distressed wives to file cases on husband.Because many times do not take care of wife and don't give her proper respect.Increases cruelty/ physical torture on wife/economic abuse and causes domestic violence.If girls are included in the IPC then many girls will think twice before making relation with other married man.

Tajobsindia (Senior Partner )     06 April 2013

I concur to above (@ Ranee....) sound advice; such demand and supply gap needs plugging sooner than later and someone has to lead the way ahead.

Tell us how you like to be equipped with tools of the trade to realize the disparity?


(Guest)

If there is something wrong,then it needs to be corrected.What is not needed is not another wrong so that it becomes fairer for both s*xes.Love is a human emotion and unfortunately people fall out of love for various reasons,all the more easy in arranged marriage when the two people might be absolutely incompatible in the first place.Next you guys will be asking for castration or death by stoning as happens in Arab countries.It is time people realise you cannot have a happy relationship based on the fear of imprisonment.It is doomed to be a failure.

Ranee....... (NA)     06 April 2013

@Tajob, you in the first post several cases based on same topic are pending in SC already.Now as a senior lawyer you should help lota. An extra marital affair which destroys a family/kids future.After having an existing marriage is not love but a curse on the other spouse and a big insult.

(Guest)

What you might consider abnormal and illegal may be quite normal for others.For example,homos*xuality has been struck down by HC despite not being part of the Indian way of life.Pre-marital s*x is also becoming common in India.Societal change cannot be stopped by laws belonging to the stone age.


(Guest)

@Ranee

what nonsense?

They have already filed divorce and it is running, dont you see that?

Ranee....... (NA)     06 April 2013

so what? Lota herself want to start this.You should encourage her because adultary law is gender biase...i feel.

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