|Originally posted by :supabcdefgh|
Respected Sirji told me:
"She can file case of adultry whose punishment is 3 years prison and fine. "
Which clause is this? I thought the adultery case can be filed by the husband whose wife has been violated.
Do you mean you will aply 498a for s*x between concenting adults?
(don't link with my case) You must be joking sir that you have knowledge.
it is lawers like this that is a disgrace to the society.
@ Mr. ?
Let me bring two provisions of criminal law with regards to your direct question / allegations made to me. Firstly the provision with regards to bigamy where any married man or woman if performs marriage with another woman or man as the case may be he or she will be held liable for committing bigamy.
S. 494 of the Indian Penal Code clearly provides marrying again during lifetime of husband or wife. Whoever, having a husband or wife living marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Not withstanding exception to this main section let be told to you what is the most important ingredient of this provision, namely both the valid marriage ceremonies of the accused person has to be proved with sufficient evidence, any thing short will not get him or her liable under this provision.
You said about marrying / giving status of wife to a mistress or live-in hence I stand by what my first reply / PM replies to your PM's to me are all about.
But, in a case a married man start living with another woman & declare her as his wife will not be enough what will be required to get be punished under the provision of S. 494 of the Indian Penal Code is the ceremonies of his second marriage along with his first marriage and mind you both these ceremonies should be legal and valid hence binding him in the eyes of law.
Say as illustration to you ramblings on Dharmendra and Hema Malani’s marriage re. in one of your post here in this thread - a Hindu married man marries another woman say Muslim by religion without changing his Hindu religion to Mohammedan religion by Muslim ceremonies then he will not be said to have preformed a valid marriage with this Muslim woman but if he change his Hindu religion to Muslim religion and get married to this Muslim woman by Muslim marriage ceremonies then he shall be liable for bigamy although as a Muslim he can marry four times legally but since his first marriage was according to Hindu form of marriage with a Hindu woman and he himself was Hindu at that time his first marriage has not been dissolved by his conversion to Muslim religion he will be held to be legally married and his second marriage even after conversion to Muslim religion also legal but here the conversion was only for the sole purpose of second marriage and his liability towards his first wife doesn't end after his second marriage considering all these his second marriage is punishable offence although his new religion i.e. Muslim religion allows such marriage. Above is the principle laid down by the Hon’ble SC in such cases.
Since you seems to know all law here, may I ask you do you know under which name Dharamendra entered Indian parliament and under which name he contested election in
Now let me come to second provision of criminal law which speaks about adultery as offence. S 497 of the Indian Penal Code provides whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man without the consent or connivance of that man such s*xual intercourse not amounting to the offence of rape is guilty of the offence of adultery and shall be punished with imprisonment of either descripttion for a term which may extend to five years or with fine or with both. In such case the wife shall not be punishable as an abettor. In this provision indulging in s*xual relationship with another woman itself by any man is not an offence, what is important that such woman should be a married woman and the s*x did with her should be without her husband's consent.
Now understand the fine line which I am stating final time to you and you might as well now do PhD for that matter on this subject - if a married man indulge in s*x with an unmarried woman he will not be liable for adultery under this provision but he will be liable for the act of adultery in civil sense and on the basis of this his wife can seek divorce from him in the family court but cannot get him punished under S. 497 IPC as provided above. In case she wants to get him punished for this act then it will have to be brought under S. 498A I.P.C. according which he can be held liable for committing mental cruelty towards his wife for which she has to prove that because of this act of his she suffered mental harassment amounting to cruelty.
Now concerning case laws which you are challenging in your ignorance of Law to me and to other ld. brothers reading your postings as in couple of your messages. Let me tell you this, pay Rs. 1.1 L for Case Laws and I will be happy to give you 3 case Laws from Delhi HC and 2 from SC on your presented first facts on how you will be prosecuted and go for rigorous imprisonment along with fine. Since you claim to be money bag in several of your messages this is my professional fees set for placing case laws especially to you. Have you not shown so much over confidence and not challenged me I would have gladly placed case laws of what I am speaking here for the purpose of this post as I am found of placing case laws for clarity of readers and for knowledge discussions in almost all of my messages which by now you must be aware of reading my profile going to Forum postings button in profile that I made till date and just yesterday I discussed S. 125 CrPC (click hyperlink) moot point raised by a queriest where I disagreed to a reply made by one of my ld. senior brother and to my disagreement I placed several case laws in my reply message and have left invitation for discussion by other ld. brothers on similar situation but for DV Act in abv. re. post reply….......
No be known Mr. my self bandwiddth limit is set to three postings to a query and I rarely want to exceed self limit hence closing my rejoinder to your above thread post and you may carry on and I give you liberty to even copy–paste my PM message(s) sent to you upon your own contact request made with me via PM as I have nothing to misguide here to anyone and Mr. be beware whom you are calling ‘it is lawyers like this that is a disgrace to the society’.