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Riding with Times or riding with Tide?Views: 1243
Oct 29, 2008 1:15 pmRiding with Times or riding with Tide?#

charuhasan


The law Commission has recommended compulsory registration of all marriages and all divorces. This comes around the time when the heath ministry requests the Parliament to amend the penal code so that homosexuality does not become punishable under sec 377. The people who belong to the same party as the chief of the Think-tank of the health ministry are preaching the importance of womenís chastity send their men and women with broomsticks to chase and beat up women who advocate freedom in the matter of sex outside matrimony. The fact that men starting from the Dravidian intellectual chief, Mr. E.VE.Ramasamy Naik to the Avanth Garde brigand like yours truly, have been spared of cultural and fundamental assault and Mayhem, shows that we do not accept the Indian Constitutionís view of gender equality.

We have more legal provisions in Indian Penal Code under 497 and 498 I.P.C. that punishes any man other than the husband who has sex with a wife without the husbandís consent or entices her away. No other woman can be punished at the instance of the legally married wife or having sex with the husband under the criminal law provided he does not marry the other women. If we eliminate sec 377 of IPC it only means that the husband has his own liberty to have sex with another male. I am not sure that this could be a ground for divorce by the wife if 377 of IPC is scrapped. Why not the modern legal luminaries enlighten me?
charuhasan

Private Reply to charuhasan

Oct 30, 2008 10:07 amre: re: Riding with Times or riding with Tide?#

Ritu
'The people who belong to the same party as the chief of the Think-tank of the health ministry are preaching the importance of womenís chastity send their men and women with broomsticks to chase and beat up women who advocate freedom in the matter of sex outside matrimony.'

~~It is highly advisable to exercise freedom in the matter of sex outside matrimony discreetly...I guess no need to advocate it...just do it & this way one can remain safe from broomstick attacks.



'We have more legal provisions in Indian Penal Code under 497 and 498 I.P.C. that punishes any man other than the husband who has sex with a wife without the husbandís consent or entices her away. No other woman can be punished at the instance of the legally married wife or having sex with the husband under the criminal law provided he does not marry the other women. If we eliminate sec 377 of IPC it only means that the husband has his own liberty to have sex with another male. I am not sure that this could be a ground for divorce by the wife if 377 of IPC is scrapped. '

~~Scraping 377 will not affect the grounds for divorce...scrapping 377 is to decriminalise homosexual relations in general n not to encourage homosexuality in married men on the side..similarly adultery (whether by married male or female & whether with a partner of same sex or opposite sex & whether with another married or single person) should only be a ground for divorce n not a criminal act.

Private Reply to Ritu

Oct 30, 2008 10:14 amre: re: Riding with Times or riding with Tide?#

Manish Paliwal
In order to strengthen your argument you can also argue that 377 is violative of Article 14 of Constitution of India.

If you want to have more arguments read news relating to ongoing a case which is going on in Delhi High Court.

Personally I feel that old concept of Sex and Marriage has already eroded by western influence so we should revamp the whole law relating to sexual relationship including marriage.

Private Reply to Manish Paliwal

Oct 30, 2008 10:24 amre: Riding with Times or riding with Tide?#

Manish Paliwal
Yes surely it can be a ground for Divorce as the law stands today. It may be regarded as cruelty which is a ground for divorce. As you know this word has been interpreted in such a way by the judiciary that it can take care of such situations.

Private Reply to Manish Paliwal

Nov 18, 2008 2:24 pmre: re: Riding with Times or riding with Tide?#

charuhasan
I am very much sure that if a wife had been a victim rape it is not a ground for divorce. But always the rejection is done outside law. If the husband had been a victim of sodomy, can the wife sue for a divorce on the ground that society abhors her being married to such a victim?

Private Reply to charuhasan

Nov 19, 2008 10:23 amre: re: re: Riding with Times or riding with Tide?#

RVIyengar

Yes, the wife can sue for divorce on that count.

Private Reply to RVIyengar

Nov 20, 2008 11:20 pmre: re: re: re: Riding with Times or riding with Tide?#

charuhasan
Husband occassional indulgence cannot be a ground for divorce once it ceases to be an offence,,,,,,,,,,,refer grounds for divorce in Any of the Indian divorce provisions

Private Reply to charuhasan

Nov 22, 2008 11:52 amre: re: re: re: re: Riding with Times or riding with Tide?#

charuhasan
Under US law one instance of sex outside marriage is a ground for divorce. Under Hindu marriages and divorce laws the spouse must be living a life of adultery

Private Reply to charuhasan

Jan 02, 2009 1:41 amre: re: re: Riding with Times or riding with Tide?#

charuhasan
Dear Ritu,
Please read IPC 497 and 498 again. Adultery and enticing away a married woman is punishable. Sex by another women or enticing away a husband (married man)is not punishable.

The proviso reads,
The wife shall not be punished for abetment in cases of adultery...........Can you explain why this saving clause?

Private Reply to charuhasan

Jan 02, 2009 3:15 pmre: re: re: re: Riding with Times or riding with Tide?#

Ritu
Charu ji,

When a woman steals your husband, there is no better revenge than to let her keep him~Author Unknown

When a man steals your wife, there is no better revenge than to let him keep her~Author Unknown

Wherez the need to invoke any sections 497/498??

Private Reply to Ritu

Jan 09, 2009 11:37 amre: re: re: re: Riding with Times or riding with Tide?#

rani shweta
plz watch any of ekta kapoors tele serials and you would certainly feel that all laws relating to matrimony need to be rewritten !!!

Private Reply to rani shweta

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