(reproduced from "Times of India", Mumbai Edition, 16-09-2010, page no. 16)
New Delhi: The other woman in a husband’s life could universally be a major source of marital discord but the wife cannot accuse the girlfiend of causing mental cruelty to her under Section 498A of the UPC, the Supreme Court has ruled.
No case under Section 498A could be slapped against the other woman — “be it the husband’s girlfriend or concubine” — even if it was found that she lived with him, it said. At best it could be a ground for seeking divorce, it held.
A bench of Justices Altamas Kabir and A K Patnaik gave the ruling while allowing the appeal of a woman who was accused by the wife of causing cruelty by living with her husband after they split.
Significantly, the bench set aside the decisions of a Jharkhand trial court and the high court, both of which had held that the girlfriend was liable to face trial.
The question which arose for adjudication was a tricky one — If a husband was living with another woman, whether the same would amount to cruelty within Section 498A.
Justice Kabir, writing the judgment, said, “If such other woman was not connected to the husband by blood or marriage, the same would not attract the provisions of Section 498A IPC, although it could be an act of cruelty for the purpose of judicial separation or dissolution of marriage under the marriage laws, but could not be stretched to amount to cruelty under Section 498A.”
Referring to an earlier judgment, the bench said the SC had categorically held that a girlfriend or a concubine was not a relative of the husband within the meaning of Section 498A.
Under the provision, only the husband or his relativeswho subjected her to cruelty could be charged under the section, it said.
SC is encouraging adultery,by inspiring women to break homes of legal wives,separate father from his kids and traumatise them for life,make a man irresponsible towards his own family,teaching women how to exploit married men and so on...............................
at the same time they have passed laws like DV Act,498 a to help married women facing adultery
so this double face
thus these very courts, pamper the other women,the root cause of their problems
they dont even pass laws to punish such women who break homes of wives .....
simultaneously these courts show concern over the increasing divorce rates
do the courts know what they are doing?
SEE ANOTHER IRONY:
if a married man marries his GF without divorce,even though this marriage will be null & void,still this illegal wife gets maintenance
on the other hand, if a man's marriage is nullified with his legally wedded wifefor any reason,she is not entitled for maintenance
"The question which arose for adjudication was a tricky one — If a husband was living with another woman, whether the same would amount to cruelty within Section 498A."
The question is not at all tricky since 498A is very clear about against whom 498A can be filed. Why just blame the other woman? The husband is equally guilty and responsible. Is he is mindless and does not know what he is doing? In my opinion it is mistake on part of wife or her lawyer who did not file 498A case against the husband and his relatives if also involved in the act of cruelty. It is seperate question that if ambit and scope of 498A needs to be increased.
498A. Husband or relative of husband of a woman subjecting her to cruelty.
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation-For the purpose of this section, "cruelty" means-
(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]
1 Like
(Guest)
i know 498a only punishes husband & kin...
dats y i recommended another law to punish the woman causing cruelty
both the husband and the other woman shud be punished
husband is definately responsible,but the other woman is not a kid...she shud also realise wot she's doing
if we are uplifting women,we must make them responsible also....not just keeping giving maintenance orders to illegal wives.....and take away the rights of thr rightful person...or else our society will become sick...this way we are perpetrating more violence upon the wife
wot if the other woman had murdered the wife with her husband...wud we have left her just becuase the husband is equally involved...so logically speaking only he shud be punished ?
A Law can't be passed without "modifying S. 498a IPC" as innocently raised by author of this post, simple point of Law in "current form" which author of this post does not know is as follows;
Law Points (which is even quoted in full text judgment of this subject tile post):
On 6th May, 2009, a two Judges Bench in U. Suvetha v. State by Inspector of Police and another [Criminal Appeal No. 938 of 2009] while considering the question as to whether the term “relative of husband of a woman” within the meaning of Section 498A IPC should be given an extended meaning, held that “by no stretch of imagination a girl friend or even a concubine in an etymological sense would be a 'relative'. The word 'relative' brings within its purview a status. Such a status must be conferred either by blood or marriage or adoption. If no marriage has taken place, the question of one being relative of another would not arise.”
(Guest)
ask any woman who has suffered adultery
ask her how much hatred she has for the other woman
ask her how her kids suffer without their father
ask her how much she misses her husband
ask her how the other woman enjoys all the luxuries of a wife,which only the wife enjoyed once upon a time
ask her how the real wife is strugglin g to make both the enfds meet,while the other wife is travelling luxuriously in the car which once belonged to her
then punishing the other woman will appear justified
it will also have another advantage
if she also fears punishment,she will back out of relationship faster...because she fears so much shame in society...its v.difficult for any lady to face society once she's put to shame in court due to her acts
if only man is punished while she's spared,she will be very casual about the whole matter
so the marriage will definately break...and after the court case gets over the other woman will continue with the husband as she has no fear of the law
(Guest)
i repeat for the last time
i m not at all referring to sec. 498A or its modification
i am asking for different law altogether to punish only the woman who's living illegally with the husband
(Guest)
i mean to say a NEW LAW SHOULD BE PASSED to punish such women or even men who have affairs with married husband or wife
once they get subjected to the tiring indian litigation,they will back out so easily....besides being put to shame
i know my ideas must be sounding odd........
but these so called odd ideas are actually innovative according to me
if we cant think of something new,we can carry on living in misery with the old indian laws...and struggling with them
Request “Law Commission of India” to come out with revised recommendations on Uniform Civil Code (Law) current scenarios based a Report and then ask “Legislature Wing of Parliament” to call for its “Public Debate” then give Internet Forum based threat such as in above and your quote [16 September 2010, 15:15] placed for your own review here - "i repeat for the last time"
(Guest)
i will no more repeat what i am saying
as i have not been understood
(Guest)
Before answering thefinal reply I ask you the basic things;
First why the husband would love other women as he has his own wife? Do you have any answer?
Second other women loves him why is if she is already married? Like kabhi alvida naa kahena film.
Third if a women loves a man who is already married but she did not know if he is married or the man hide such truth then what is the situation? In this situation women does not know about his marriage, Is she punishable?
India is a country, which is slowly opening its doors for western ideas and lifestyles and one of the most crucial episodes amongst it, is the concept of live-in relationships. Like salaam Namaste film.
Final Reply
Adultery(Section 497 of the Indian Penal Code (IPC), 1860) is the consensual or voluntary s*xual relationship of a married man with someone other than his wife and a woman with someone other than her husband. Although, the legal definition of adultery and laws pertaining to adultery varies from country to country but the basic essence remains the same.
Throughout the world, the female committing an adulterous act is also liable for punishment but Indian women are an exception for adultery laws and they cannot be punished under the law for committing adultery. The wife is not guilty of offence, not even as an abettor to the crime. The case can be filed by the husband of the female partner against the man with whom she had adulterous liaison (not against his wife) stating that he illegitimately intimidated and lured his wife into the relationship.
Actually, these laws were passed in 1860 during the British era and at that time the social status of women in India was pitiable. They were not independent economically and were considered as an object. The structure of the society was a lot different from what its today and several social evils were prevalent in those times. Polygamy, child marriages and sati system were common and since women were observed as a property of men, it was their utmost duty to safeguard their property. Women were subjugated and exploited by men and this led to the framing of such laws which punished only men which must be the seducer and women were not considered wrongful.
Although, considering today’s times, the scenario of the society has changed and women are socially and financially independent and they may be the seducer and not always victim or innocent. This customary law does not seem to be in consonance with the recent times and doesn’t apply equally to both the s*xes. This law definitely needs amendments in the interest of doctrine of equality and this has been brought into light by board of adjudicators.
In fact, s*xual immorality (s*x related sins) is the fastest way to drain the anointing and presence of God from any believer or servant of God.
Bible said, Jesus condemned all divorce!According to Jesus, a man is already an adulterer if he lusts upon a woman.This gives every wife the Biblical right to divorce her husband on the grounds of adultery, if he ever admits to being lustful towards another woman.If adultery is Biblical grounds for divorce, and a man is already guilty of adultery if he lusts on another woman, then his wife should have a right to divorce him.To deny this is to say that adultery of the mind is not as bad as adultery of the flesh.Jesus clearly taught that they were both equally sinful.Obviously, Jesus was not giving a wife permission to divorce her husband if he commits fornication.
Now Here's another thought, and I want you to think about this.This is especially for those of you who believe that adultery is Biblical grounds for divorce.What about murder?If your wife kills 10 people, would that give you Biblical grounds to divorce her.You can't show me such grounds for divorce in the Word of God!God NEVER gives anyone permission to divorce their spouse if they commit murder (or many other horrible sins).It is ridiculous for anyone to claim the right to divorce on the grounds of "adultery," when that same spouse could commit murder and you'd still have to remain married to them.Jesus never gave anyone permission to divorce.Let us never encourage anyone to get a divorce, because all marriages are sealed in Heaven.Whether you were married in a church, at city hall, or on top of Mount Everest--your marriage vows (promises) were to your spouse, and to God ... "'Til death do us part." The sin of divorce leads to the sin of adultery in remarriage. Keep in mind that a divorce causes two sins.One sin is the divorce itself.It is a sin to file for a divorce! The other sin is that a divorce causes adultery in remarriage.So if you divorce your spouse, you will be guilty of breaking your marriage vows, and of causing adultery if either of you remarry..Divorce is a horrible sin.
Either you love your spouse or you don't. If you don't, then you need to get right with God yourself. If you do love your spouse, then you'll stay with them and HONOR your wedding vows ... "'Til death do us part." We are living in a nation of liars. LOVE finds a way to make a relationship work, it doesn't look for EXCUSES to get out and move on. America is without a doubt the most SELFISH nation on earth.
In nearly all divorces, the husband and wife BOTH have their own side of the story as to who's to blame. God will weigh the matter on Judgment Day, and the truth will come out.
Italy has one of the LOWEST divorce rates in the world.Do you know why? It's because there's a 3-year required waiting period before you can get divorced. Sadly, their laws are about to change to 1-year, and the divorce rate will skyrocket. My point here is that it is TOO EASY for couples to get divorced in America. It's big bucks for the judges, lawyers, bankers (when you lose your home in bankruptcy), etc. I always marvel that a couple can get married in a hall, on a mountain, in a temple, under water, on a rollercoaster, in a park, etc; BUT, you can only be divorced IN A COURT OF LAW! Increasingly, for many men and women, marriage is becoming a deadly trap.Wives have been filing for divorce at about TWICE the rate (more, in some places) of husbands.
Solomon said "One man among a thousand have I found; but a woman among all those have I not found." Solomon couldn't find one woman, amongst all his wives and concubines, whom he could trust with all his heart. Solomon was a man of poor character and married the same type of women. There were many feminists in Solomon's time, just as there are today. Listen to what Solomon had to say about the rebellious feminists of his own time, "And I find more bitter than death the woman, whose heart is snares and nets, and her hands as bands
The ultimate truth is that people who seek divorce usually look for others reasons to JUSTIFY it. People generally don't do the things they do for any particular reason. Rather, they look for a reason(s) to justify what they had decided to do in the first place. Ultimately, our final decision will always be the result of what we wanted to do, and NOT because of any particular reason(s). If you love someone, then you'll put up with them.
Remember, Divorce is always the poorest solution to one's marriage problems. Hiding behind one's children is a lame excuse to divorce. No one divorces for any other reason than because it's what they wanted to do.
And Last 1st Samuel said,"For rebellion is as the sin of witchcraft, and stubbornness is as iniquity and idolatry.""(I am not lessening the sin of domestic violence; I am emphasizing the sin of wives who rebel against their husbands by not being obedient. I realize that this philosophy is unpopular with feminists today so don’t take it if you not like it)
(Guest)
@ kushan
i read this entire article thoroughly......even in hindus divorce is disallowed....a person can remarry only if the spouse dies or commits adultery
dats y i said the other woman shud be punished when she dared to do the sin of entering into the holy matrimony of the real wife....but she's not just becuase she's a woman, so she gets some special treatment
when i raised this issue,obviously i meant punishing those women only who despite knowing that their live in partner is married keep living with him,have children,claim all maintenance from him,property etc while the man like a fool keeps listening to her and abandons his wife while the poor wife lives like a destitute,running from pillar to post to seek justice or else keep quiet to have peace...
our coourts need to largely modify all these laws and include her also as aperpetrator of cruelty against the wife
this is to maintain discipline in society which includes marriage also...
we cant go on glorifying extramarital affairs in the name of freedom just because america does it....
there's a limit to everything.this kind of freedom for someone means harassment to the other,ie,the spouse
we have also legalised gay relationships which are so unnatural...tomorrow we will glorify s*xual relations b/w man and animals....all in the name of freedom,liberty,etc.and then we worry about STDs like AIDS etc....we ourselves are increasing our burden by spreading diseases,prseeure on courts,corruption,etc
And all in this in the land of india which we ironically call "incredible india" because of our spiritual past....shame on us!
i dont support adultery myself...dats y i m for strict punishment for the woman who seduced the married man or vice versa.i say this becoz even if she came to know later that the man is married why does she keep living with him?
unless she's put to shame in court,she wont learn a lesson......people may disagree with me...but i firmly believe "laato ke bhoot baato se nahi maante"
speaking of karan johar,his movie KANK was a bull sh*t...he has glorified extra marital affairs becoz he has a sick mind..
(Guest)
@ kushan
replies to your questions
First why the husband would love other women as he has his own wife?
becoz of lack of moral values....media affects him...he lacks patience if wife may have some bad qualities,as if he's a saint.....then the glorification of live in relations which our courts and media are doing.escapist nature to solve personal problems....too many expectations from wife
Second other women loves him why is if she is already married? Like kabhi alvida naa kahena film.
same reasons as above
Third if a women loves a man who is already married but she did not know if he is married or the man hide such truth then what is the situation? In this situation women does not know about his marriage, Is she punishable?
replied in above post
.India is a country, which is slowly opening its doors for western ideas and lifestyles and one of the most crucial episodes amongst it, is the concept of live-in relationships. Like salaam Namaste film.
we lack the ability and wisdom to decide wot's right 4 us...this is the speciality of we indians....do americans also adopt our dowry system,child marriage etc? why dont they get tempted at the idea of doing so much show off on marriages,of giving cars as dowry,etc?why are only indians getting tempted to follow wot the west is following?
are the western countries our teachers that we have to follow them...i never understand this logic as to why we shud adopt their lifestyle or culture,whether good or bad
is there any other country aping india as much as we do?
and if we are following them,tell me wot advancement have we brought in our lives?are we happier?
are we more free?
(Guest)
live in relationships are fine if both are single,although i believe one shud only go in for marriage
but i dont support themAT ALL if one of them or both of them are married to someone else
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