Section 13 (2) (ii) Hindu Law is Unconstitutional:
N.K.Assumi
(Querist) 17 September 2008
This query is : Resolved
Article 14 and 15(1) speak about equality of sexes, but under section 13 (2 ) (ii) of the Hindu Law says that the wife may present divorce petition if the husband commits Rape,Sodomy or Bestality: This provisions is a clear violations of the Constitution and should be struck down as unconstitutional. Rape, Sodomy or Bestality are committed by women in the form of Lesbianism and other horrific sexual acts can be committed by women also, so why should the law target only men?
Rajesh Kumar
(Expert) 17 September 2008
Even rape. If rape is forced sex- it is committed by women too.
KamalNayanSaxena
(Expert) 17 September 2008
Taking into consideration the muscularly weaker physique of the woman, her general vulnerable physical and social condition and her defensive and non-aggressive nature and role particularly in this country, the legislature can hardly be faulted if the said three grounds are made available to the wife and not to the husband for seeking dissolution of the marriage. For the same reasons, it can hardly be said that on that account the provision of Section 10 of the Act are discriminatory as against the husband
N.K.Assumi
(Querist) 18 September 2008
Tanx both of you.
arunprakaash.m.
(Expert) 18 September 2008
It does not violate the equality of art 14 of the constitution. It comes within the doctrine of reasonalbe nexes. But still if you have doubt you can file writ petition.
ritu bhadana
(Expert) 03 April 2009
i agree with mr. arun prakash.file a writ petition for more clearity
