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Siva (Lead)     18 May 2015

Adultary

Separated living wife and other's separated husband living togther without marrying each other in a house due to biagamy issue. Later seperated wife becomes pragnent and gives birth to a child.

What are the IPC section will fire on separated husband?. How to safeguard the husband as he has not married but living together.

Please advise..



Learning

 7 Replies

Laxmi Kant Joshi (Advocate )     18 May 2015

You had not mentioned the meaning about seperated living wife, i guess not divorcee but living seperate from her husband and vice versa , if so then the husband of the wife will file a criminal case of adultery u/s 497 ipc upon you and for that you may be put behind bars for 5 years .

saravanan s (legal advisor)     18 May 2015

if both are legally divorced before they entered into a livein relationship subsequent to which the woman got pregnant there wont be any problem unless the woman files case of rape or something

Siva (Lead)     19 May 2015

As per the adultry law, If married felmale's husband permits' for the adultry, It is not a crime....It looks funny and here I feel it voilates hindu law / customes (Oruvan Oruthi).. Is there any such customes existed in the past for getting child etc... in olden days?.. If not, It is sad to hindu laws..

Here wife is treated as a "thing" as she is doing adultry only with husband's consent/permission. Does it overrides any freedom in article of the constinutions.?

What if a married female hides adultry to safeguard the adultry male? Still her husband file a adultry case.?

Please advise..

 

 

Martin Sooji (Advocate)     21 May 2017

You have learnt ABCD, that is sure.  Rest what goes on in your head only Shiva knows or even he might not know.

Aks   22 May 2017

If a woman wants to sleep with a man..its her right as her body belongs to her.  As for primitive laws, if she says she didnot have s*x with that man..how will you prove she did have.  And even if she had...what do you want to do ? Kill her ? 

Marriage without love is just a piece of paper...valueless.  I am not a lawyer...ask a lawyer if you want to punish her or him.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 May 2017

IPC-497 (and other unamended sections, excluding added sections like 498A) were framed by Lord Thomas Babinton Macaulay. He had given justification for section 497 based on his own views on Hindu culture. He died in 1859. IPC became law in 1860.

To Siva:

Oruvan Oruthi is Christian law. Hindu males can have limitless number of wives, even much more than the 4 permitted for Muslims. Lord Krishna had 16008 wives. Lord Rama had only one wife. You know how he treated her. No woman would want such a loyal husband.

"Is there any such customes existed in the past for getting child etc... in olden days?."

Yes, Pandu was impotent. He had 5 sons from his wives Kunthi and Madri through Yama, Vayu, Indra and the Ashwini Devas. Kunthi had son Karna through Surya even before marriage.

Vichitraveerya son of King Shantanu and Satyavathi (fisherman's daughter) died leaving Ambika and Ambalika  widows with no heirs to succeed him. Bhishma had given a vow to Sathyavathi's father that descendants of Sathyavathi only will be heirs to the throne. In order to fulfill that promise, Veda Vyasa, son of Sathyavathi (before her marriage to Shanthanu)  was requested to have s*xual intercourse with Ambika and Ambalika. Thus Pandu and Dhritharashtra were born.

Is this enough or you want more.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 May 2017

Generally adultery cases fail due to want of evidence. In this case the child and DNA test can fix the culprit. In USA adultery is not a crime in most States. In some it is just a misdemeanour and in some others there is a $10/- fine. If you go to USA have $10/- with you.

IPC 497 should be repealed to be on par with Western Countries except Catholic countries. What are the opinions of the members here?


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