Marriage is civil: why marriage related offences be criminal

ha ha ..

though it seems to be a civil matter it bears all qualities that of a crime...isn't it?

there are good valid points of arguments but judge follows only written laws... anything over and above, he says... make a law for me...

why not change the law ? what did the law minister do in these days? we people should raise good points and they only eat, sh*t and f**k?

whatever they do is toasted with money... nowadays i cant even find few people who are willing to do anything to somebody else...

banking is a civil matters but if you do fraud it is a criminal offence.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

shonee

fraud and banking are different thing. you cannot compare it with marriage and marriage related things.

marriage is a civil contract. marriage related crime are just the breach of that contract. how come breach of contract becomes criminal?

on the other hand, bank has contract with its customer anyway.but fraud is not breach of that contract. in fact fraud is not a breach of contract. fraud is knowingly presenting wrong information in order to deceive a person.

breach of a contract cannot be criminal anyway.

our law makers were sincere in 1947s.. they started something and died...the next generation is busy minting money forgot law making...

The relationship of land lord and tenant is civil and governs by rent agreement and other allied civil laws.  But, if the landlord resorts to confine the tenant or uses physical force, assault etc. to recover his rent dues,  it is criminal offence as defined in IPC,  Even a father assaults his son or vice-versa also is a criminal offence, even though the relationship between father and son is civil.

zeeshaan what about adultery, bigamy, extramarital affair?  why they are criminal offence and not civil offence?

chandu all example you give are not breach of contract. they are criminal offence fine. but adultery, bigamy, extramarital affair are BREACH OF CONTRACT OF MARRIAGE. how they can be criminal?

adultery and extramarital affairs with an unmarried girl of 18 years or above  are not criminal offence.  If that lady belongs to wife of another man, then only it is criminal offence, as Indian Society, even in 21 century treats the woman a property of a man.   A  lot of discussion has gone on in the courts of law as well as in public forums on this point and I do not want to waste my time on this point.  If any one wants to know more about, he can refer supreme court judgments that why a woman cannot take legal recourse against her husband who has extra-marital affair and why a man can take recourse against another man, who has s*x with his wife.

Bigamy is an offence if it is done either by man or woman, irrespective of gender, as the offence is committed against the State, which may disturb the marriage pattern of the society.  If bigamy is not categorised as criminal offence and treated as civil wrong which attracts only damages, then people (either gender)  having no moral obligations, go on marriage spree.  They may not be a few but substantial, if the society gives sanction for bigamy and polygamy.

you say that extramaritals and adultery are criminal offence because our society still trats women as property. this is not good practice in 21st century. it shows that india is still on 15th or 16th century. this is a shame in the face of the world.

you said bigamy is made criminal because if it made civil then immoral people will go on marriage spree. man, this shows that still the society thinks that women are the property of men. if men propose a woman , why not let her make the decision or choice? why you interfare? if men and women are going on a marriage spree, what is  the problem of lawmakers? are women property of the lawmakers in india?

so there fore one essencs that comes from these discussion and that is that the thought or value that women are property of men is the root of all marriage related offence proceeding.

perhaps this is the root of the practice that women need not to prove rape before court. only her claim is enough. rest will be between men to men.

hats off to indian society!!

yahoo.............

i sincerely believe that the old hat has copied makki ka makki uk law... forgot to remove makki...

sri you may joke about it but the case is that uk law is more civilised than indian law. just when brutal indian society will stop punishing adultery, bigamy , extra marital affair and become civilised?