LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Living with two wives

Page no : 2

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     11 February 2016

 

1) At the outset, the legal position can be discussed only with Experts/ Advocates not with those read in between the lines without application of mind and law and make immature arguments like 'defeat' when there is no win or lose situation and emotionally reacting to the responses illustrated as under.

 

 

2) Your advice to the querist reading as "Ideally, you can stay with both the girls" judges the legality, social and ethical values of ur approach giving wrong direction.

 

 

3) When u r not competent nor be the PO/ Judge, ur sarcastic comments on legal system in India as "gender biased of our internationally famous judiciary" are unwarranted and uncalled for.

 

 

4) However, to make u better understanding, the legal points within the given inputs are reiterated.

 

 

5) The nomenclature used in the first post 'wife' means already married, based on which the opinion is given.  If the divorced wife is unmarried, still so remained, she cannot be termed as wife.

 

 

6) Biogamy: The husband, a married Hindu male with wife living, during the subsistence of the marriage, if again married to another divorced Hindu female, whether married or unmarried unknown, is certainly a bigamy.

 

 

7) Live-in relation exists only between two unmarried heterogeneous genders.  Even if the first divorced female continues to live-in relation with the married Hindu male is also bigamy notwithstanding whether the marriage is solemnized lawfully or not.

 

 

8) Adultery: By using the word 'wife' itself is construed to be married, referred to in the instant case, the divorced Hindu female, who by entering into illegal relationship with a married Hindu male tantamounts to adultery.

 

 

9) Societal Outlook:  This angle is well advised by Dr (Mrs) Renuka, who explained in the Indian context and rich Culture.  The law always considers such aspects and modifications/ amendments, if any, brought by Legislature from time to time with the changing modern world.  Be above and come out of ur present thinking and re-look into the system lest ur thoughts and energy are perverse.

 

 

10) If u r still not able to properly discern, better take the advice of an experienced local senior Attorney of repute on payment, in the light of the given inputs, get explained with decisions/ case laws for ur further understanding.

 

 

11) Do not waste the precious valuable time of pro bono experts by entering into unnecessary avoidable arguments which can be delivered to those needy in queue to whom a legal succor is a great boon.

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 February 2016

Dr Katta Venkata Rama Krishna

 

Bigamy  - 494 IPC. 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 descriptttion for a term which may extend to seven years, and shall also be liable to fine.

 

 

That is marriage is lawfully solemnized - why don't you understand this simple point? As you said, divorced girl can’t be called as ‘wife’ hence how bigamy can be committed????

 

May be because of your ego.

 

Whatever argument you both made all are based on your own imputed submission those have no legal base.

 

 

Live-in relation exists only between two unmarried heterogeneous genders.  - Again it out of jurisprudence since no-where in Indian law it is mentioned. If mentioned, then please show me.

 

 

Wife is consider an abettor and not liable for punishment in IPC 497 - Hence it is gender biased. Is not it?

 

Please se Article 14 of Indian Constitution. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth.

 

So whether u/s 497 IPC states such equality? Is this constitutional? ??????

 

Hence my sarcastic comments toward Indian Judiciary is absolutely right. yes

fighter (Software professional)     12 February 2016

As per my knowledge of law...Neighter bigamy nor a adultery case is madeout against querist,If he want to live with his divorced lady.....

1 Like

fighter (Software professional)     12 February 2016

Reddy Sir...you are correct...What i understood uptill now LAw is govern by words written in repective sections.It is not govern by what someone thinks.If evidence doesn't support the words written in law..No case is made out as per respective sections.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 February 2016

Thanks all by heart, for your understanding and analytical brain. You all can make a differences/Revolution  .

 

You all can stop legal extortion rackets which not only good for you, but also good for our great nation and destructive for corrupted/dishonest people.

 

Your work is your identity and hence your profile.

 

Dr Katta Venkata Rama Krishna,

 

As I told you before, you are not the judge, Indian public are the judge. smiley


(Guest)
Originally posted by : TGK REDDI
I agree with Shri Rocky Smith and am hurt by the comments of Dr, Katta Venkata Rama Krishna.    On the other hand, I disagree with  Dr. Katta Venkata Rama Krishna.

1.At the outset, the legal position can be discussed only with Experts/Advocates.   Please tell this to LCI.    We won't interfere if it doesn't allow us.

2.Shri Rocky Smith's advice is legally right.   I don't bother Ethical and Social Values which have no definition.    Rama is respected for monogamy while Krishna and Draupadi for their polygamy.    Krishna's childhood was praised which was worse than Duryodhana's.

3.Can you say that Shri Rocky Smith has no freedom of speech?

5.That's what Shri Rocky Smith asserted.

6.But the Questioner doesn't say he'll marry her.    He wants to live together.     It's not bigamy.

7.two unmarried.    This definition is wrong.     A married man or a married woman can live in relationship with another person of opposite s*x.     A wife can't prosecute the woman while a husband can prosecute the man.    Though I'm not an Expert or an Advocate, I can say that this law is gender-biased.

8.It doesn't amount to adultery.    Section 497 of the IPC may be seen.

9.rich Culture.    You needn't be so proud of Indian Culture.    There're Keechakas, Syndhavas, etc.    Brahma, Vishnu and Maheswara asked Anasuya to serve food nakedly.    Can you boast of Sati?    Can you boast of untouchability?

10.Shri Rocky Smith is well experienced and highly educated.   He's an asset to LCI.

11.You can stop wasting your precious time by not reading the replies of non-experts.    You're not, dear Sir, supposed to prevent our participation.    Pro bono Advocates and Experts?    We think vice versa!

 

 

Mr Reddi and Mr Rocky,

Now going by your thoughts and Rocky's replies and few others, law is like this and now as defined by law if there is no problem with a married man living with a divorced woman, while he is still married and stays along with his wife, can also live with a widow and also a unmarried female?

How fair is it?

If there is no scope for ethics and social values at all why is there a need for such law to govern the land in which we stay?

fighter (Software professional)     12 February 2016

Helping HAnd ji....you correct....This problem can be solved if word man or woman will be replaced by word person in all criminal laws...Indian law needs amendments but our law makers are sleeping.....

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 February 2016

Originally posted by : Helping Hand !



Originally posted by : TGK REDDI



I agree with Shri Rocky Smith and am hurt by the comments of Dr, Katta Venkata Rama Krishna.    On the other hand, I disagree with  Dr. Katta Venkata Rama Krishna.

1.At the outset, the legal position can be discussed only with Experts/Advocates.   Please tell this to LCI.    We won't interfere if it doesn't allow us.

2.Shri Rocky Smith's advice is legally right.   I don't bother Ethical and Social Values which have no definition.    Rama is respected for monogamy while Krishna and Draupadi for their polygamy.    Krishna's childhood was praised which was worse than Duryodhana's.

3.Can you say that Shri Rocky Smith has no freedom of speech?

5.That's what Shri Rocky Smith asserted.

6.But the Questioner doesn't say he'll marry her.    He wants to live together.     It's not bigamy.

7.two unmarried.    This definition is wrong.     A married man or a married woman can live in relationship with another person of opposite s*x.     A wife can't prosecute the woman while a husband can prosecute the man.    Though I'm not an Expert or an Advocate, I can say that this law is gender-biased.

8.It doesn't amount to adultery.    Section 497 of the IPC may be seen.

9.rich Culture.    You needn't be so proud of Indian Culture.    There're Keechakas, Syndhavas, etc.    Brahma, Vishnu and Maheswara asked Anasuya to serve food nakedly.    Can you boast of Sati?    Can you boast of untouchability?

10.Shri Rocky Smith is well experienced and highly educated.   He's an asset to LCI.

11.You can stop wasting your precious time by not reading the replies of non-experts.    You're not, dear Sir, supposed to prevent our participation.    Pro bono Advocates and Experts?    We think vice versa!

 







 

Mr Reddi and Mr Rocky,

Now going by your thoughts and Rocky's replies and few others, law is like this and now as defined by law if there is no problem with a married man living with a divorced woman, while he is still married and stays along with his wife, can also live with a widow and also a unmarried female?

How fair is it?

If there is no scope for ethics and social values at all why is there a need for such law to govern the land in which we stay?

 

 

Mr. Helping Hand !,

 

As Indian Judicial System is unable to give justice/equal protection/equality before law  by making a matter lengthy (denying justice) and extort innocents,

Self-defense is their right under the following section –

 

IPC 97. Right of private defence of the body and of property.—Every person has a right, subject to the restrictions contained in section 99, to defend—
(First) — His own body, and the body of any other person, against any offence affecting the human body;
(Secondly) —The property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, rob¬bery, mischief or criminal trespass.

So nothing wrong I have advised; right?  wink

fighter (Software professional)     12 February 2016

Nice thoughts by Reddy ji & rocky ji.....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 February 2016

So the conclusion is: -

 

No-one shall be deprived of his life or personal liberty except according to procedure established by law – As per Article 21 in Indian Constitution, Live-in-relation is legal in India if and only if women is unmarried, divorced or widowed irrespectively the marital status of a man.

 

However, I personally don’t recommend any divorced women since most of them have 498A, DV and other matrimonial dispute background. 


(Guest)

So its better to go for unmarried female or widow if one wants to go ahead with live-in relationship.

Thanks very much for your inputs Sri Reddi and Sri Rocky.  Your views are groundshaking.  Thanks.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 February 2016

ALL GENDER BIASED FEMINIST LAWS ARE UNCONSTITUTIONAL 

Please see my blog on this below : - 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=133540&offset=1#.VsxeQ9IrLIU


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register