voluntary sexual inter course of amarried man?
Querist :
Anonymous
(Querist) 01 November 2010
This query is : Resolved
hindu,only two months of cohabition,desertion by the wife one and half year ago.filed for rcrsix months ago.may be it would be exparte decree.i am a govt employee.recently i live together with a widow in unknown place.my motherb is sick.she is at my grandmas village.i need a woman for house hold work.thats why i keep her.
1)is it comes under penal code?what is the code?
2)if it is matrimonial offence.what are my loses?for ex:maintanance or fine right of divorce to her etc?
3)difference between adultery and voluntary sexual intercourse?
s.subramanian
(Expert) 01 November 2010
1. Living with her is not an offence.
2.No offence under matrimonial laws.
3.It is adulterous life,no doubt,if you indulge in sex.
pawan sharma
(Expert) 01 November 2010
yes, living relation is not offence, nither in hindu law, but if you make physical relation it amount to Adultory.
Q. difference between adultery & voluntary sexual intercourse?
A. one who knowingly made physical relation(Inter course)with married women is called Adultary. who made Phy. Relation with her consent is called the VSI.
N.K.Assumi
(Expert) 01 November 2010
In adultery question of consent does not arise and consent can not override the criminal act of adultery. The gist of adultery is having sexual intercourse with a woman whom you know to be a married to another man.
R.Ramachandran
(Expert) 01 November 2010
Dear Anonymous,
(1) You say that "i need a woman for house hold work, thats why i keep her."
Ans: No problem, even we engage housemaids for house hold jobs.
(2) I live together with a widow. (a)is it comes under penal code?what is the code?
Ans: No, it does not come under any penal code.
(3)Wether it is a matrimonial offence?
Ans: No, it is not a matrimonial offence so long as you do not marry the widow, especially when your wife is living.
(4) If you have sexual intercourse with the said widow, it is not 'Adultery'; since for Adultery the minimum conditions are (a) a man should have the physical relationship with a married woman (meaning that the husband of such a woman should be alive.)
Arvind Singh Chauhan
(Expert) 01 November 2010
But it may be categorized as rape if it comes under the clause third of Sec 375 IPC, If her consent is given believing that you are her husband.
Querist :
Anonymous
(Querist) 22 November 2010
thank you RAMACHANDRAN Sir,its very clear.
