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Regarding kid out of bigamy or adultery

Page no : 2

Kanniappan (Later)     01 December 2012

@sumitra kumar,

 

you cannot speak on morality just seeing trailer of movie for 2 min, neither you are God to know everything, here your job is to answer the question asked with the available information using proper language, with fair assumptions, you need not interpolate or extrapolate the matter on your own.

 


(Guest)

@tajob(my senior...)

subject-In response of the message "
Beyond this I wish not to add more lines as I noticed people here want the end of their legal brush with one shot replies without waiting for Judicial wisdom application to case.

"

Legal brush is applied at a length where the surface(question) is clear.

Now coming to the point,the first wise reply(according to you) of  Bharat chugh.I reproduce his text.here it goes

"Dear Querist,

In my opinion -

i) Since there were no ceremonies and no formal marriage - your friend is not liable for bigamy or adultery(criminal), his relationship with second lady is merely a live-in, the child also is illegitimate (though entitled to maintenance but no inheritance rights)

ii) The first wife can only seek to take divorce on grounds of adultery, nothing further.

 

Best,

"

I want to let the focus remain on the second point.Guidelines for ART Clinics in India reads

"

Adultery in the case of ART
ART used for married woman with the consent of the husband does not
amount to adultery on part of the wife or the donor. AID without the husband’s
consent can, however, be a ground for divorce or judicial separation.

"

My Analysis/interpretation of the above guideline

Since in India,a woman is completely protected from the charge of adultery,a husband ,at the farthest, can go for a divorce on the ground of adultry on part of his wife but vice-versa is not true. When a husband does same without the consent of his wife,he can be charged with adultery which is punishable.

 

@kanni..

The above text is not for you.

Thanks but no thanks for your free suggestion to remind me of my duty.

[a final reply to this thread]

Nandha (NIL)     02 December 2012

@sumitra, Tajobs

 

I want to let you know that a husband ( govt. teacher) was charged with bigamy after 19 years of their live-in relationship and having two children. The bigamy was proved based on the investigation carried out by Vigilance Dept. But he got escaped from severe punishment by court, but court directed the Education department not to give him promotion. I know this person and i know that his promotion was hampered, but do not know how he escaped the imprisonment. If anyone interested to know about this case, i can provide more details if you send me a PM. 

 

Thanks

Ranee....... (NA)     02 December 2012

I too read a case in news paper about a college teacher marrying his collegue..when his wife went to his work place then she found her hubby living with another lady and hubby introduced his wife as his sister to his new wife..his wife was also a college teacher, she filed case and hubby was sent to jail for 7 years.


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