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rohan   17 November 2015

Want to marry a married woman

I am a 25 yr old man providing home tuitions and simultaneously preparing for govt competitive exams. I love a girl from past 10 yrs. but both our parents were against us, so in 2009 she was forcefully married with some1 else. She told her husband everything about me that she loves me will never forget me and thus we kept in touch talking and sharing everything between us secretly. She tried to adjust in her new family but could not accept her husband and in-laws fully by heart as he is much older than her and both have very different mindsets. Next year she got a baby too. 

    But as time passed, her relations with her husband worsened and on other side our love continued and increased. From last 1 year she is not ready to live with her husband and want divorce from him, but he does not want to leave her. He is continuously torturing her mentally & emotionally (not physically) by showing the child, social status, family etc. but she does not want to carry on her life with him now. So, we both fled home taking the child too. But to avoid legal complications to our family and to settle things legally we came back after 2 days. But as we came, she was forcefully separated from me. Her parents have kept her forcefully from last 2 months and all are continuously forcing her to go back to her husband. Meanwhile, her husband has filed a complaint against me that i kidnapped her wife & child and i am forcing her wife to get divorce from him. Now, her husband & family members are telling her that if she doesn’t come back to her husband they will make me arrested and tortured by police and file severe charges against me. All three families are against us and no one is willing to help both of us due to society, prestige etc. Every time she says that she doesn’t want to go to her husband and want a divorce from him. We want to get married in any case. What must be the best possible legal way for us to get married? She is ready to give any statement according to me. Please reply. 



Learning

 23 Replies

Laxmi Kant Joshi (Advocate )     17 November 2015

I suggest you leave her, don't spoil her life, and future, it will be best for both of you, she is married and mother of a child, she have liablities to perform, let her wih her life .rest is upon you if she didn't want to live with her husband then tell her to file divorce case in the court.

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Husband can file a case of adultery against his wife's paramour.However, if paramour has a proof which can establish that he was unaware of the marital status of this woman then he would escape the clutches of law.Husband can apply for divorce on the ground of his wife's infidelity.

section 497 provides .-- Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend .

Hence better leave her by not interfering in her marital life,or else both of U will have to face severe legal consequences by not only ruining UR lives but also the life of her husband.For heaven's sake keep away from her,marry a girl of UR choice annd settle down in life.

 


(Guest)

indian society is the worst society of the world. yours is a very easy case. all she has to do is to file a 498A case against the entire family of husband. the husband and family will be behind the bar.

 

then she will file a divorce case on the ground of mental cruelty, torture and harrassment. she will get a divorce.

 

then she will marry you or you marry her. but take care of her child.

 

don't care the society. just live your life.

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Dear Mr. Arix,

Are U advicing him to do so or are U criticising his act?

Born Fighter (xxx)     17 November 2015

The lady in question married leaving you , then she delivered a baby also with her husband in a years time.

 

Where is the love between both of you ???

 

It was and is an extra marital affair not Love. Pla wake up or you will get punished for your acts. The ladys husband will not leave you and he is already on the Job.

 

Come out of your dreams and get real. Leave the lady and live your own life and let her live her's !

SuperHero (Manager)     18 November 2015

Originally posted by : rohan
I am a 25 yr old man providing home tuitions and simultaneously preparing for govt competitive exams. I love a girl from past 10 yrs. but both our parents were against us, so in 2009 she was forcefully married with some1 else. She told her husband everything about me that she loves me will never forget me and thus we kept in touch talking and sharing everything between us secretly. She tried to adjust in her new family but could not accept her husband and in-laws fully by heart as he is much older than her and both have very different mindsets. Next year she got a baby too. 

    But as time passed, her relations with her husband worsened and on other side our love continued and increased. From last 1 year she is not ready to live with her husband and want divorce from him, but he does not want to leave her. He is continuously torturing her mentally & emotionally (not physically) by showing the child, social status, family etc. but she does not want to carry on her life with him now. So, we both fled home taking the child too. But to avoid legal complications to our family and to settle things legally we came back after 2 days. But as we came, she was forcefully separated from me. Her parents have kept her forcefully from last 2 months and all are continuously forcing her to go back to her husband. Meanwhile, her husband has filed a complaint against me that i kidnapped her wife & child and i am forcing her wife to get divorce from him. Now, her husband & family members are telling her that if she doesn’t come back to her husband they will make me arrested and tortured by police and file severe charges against me. All three families are against us and no one is willing to help both of us due to society, prestige etc. Every time she says that she doesn’t want to go to her husband and want a divorce from him. We want to get married in any case. What must be the best possible legal way for us to get married? She is ready to give any statement according to me. Please reply. 

Go to court and Claim that he is your Son. Get the DNA test. Accept that both were in LOVE from 10 Years.

You Both will Go to Jail and after Jail Term get Married...

All 3 Families will be Happy...

Sudhir Kumar, Advocate (Advocate)     18 November 2015

Ben on your knews befor eher husband.

 

Beg for his mercy.

 

In any case you should now forget about joining Govt ifyou intend to marry a married lady and plan to be in jail.

 

No need to say that you are financilly not stable as "home tution" is your professsion which is just a part time profession for many teachers.

 

Anyway once accused (not even convicted) of such charges be sure to receive dent in you home tution job.  In our society people ar enot willing to allow entry in house to some one accused of such charges.

 

No need to say you arre corwards as you allowed heer to be married elesehwere instead of having a love marriage.

 

You have already given sufficient loss to the lady.

Sudhir Kumar, Advocate (Advocate)     18 November 2015

Originally posted by : SuperHero



Originally posted by : rohan



I am a 25 yr old man providing home tuitions and simultaneously preparing for govt competitive exams. I love a girl from past 10 yrs. but both our parents were against us, so in 2009 she was forcefully married with some1 else. She told her husband everything about me that she loves me will never forget me and thus we kept in touch talking and sharing everything between us secretly. She tried to adjust in her new family but could not accept her husband and in-laws fully by heart as he is much older than her and both have very different mindsets. Next year she got a baby too. 

    But as time passed, her relations with her husband worsened and on other side our love continued and increased. From last 1 year she is not ready to live with her husband and want divorce from him, but he does not want to leave her. He is continuously torturing her mentally & emotionally (not physically) by showing the child, social status, family etc. but she does not want to carry on her life with him now. So, we both fled home taking the child too. But to avoid legal complications to our family and to settle things legally we came back after 2 days. But as we came, she was forcefully separated from me. Her parents have kept her forcefully from last 2 months and all are continuously forcing her to go back to her husband. Meanwhile, her husband has filed a complaint against me that i kidnapped her wife & child and i am forcing her wife to get divorce from him. Now, her husband & family members are telling her that if she doesn’t come back to her husband they will make me arrested and tortured by police and file severe charges against me. All three families are against us and no one is willing to help both of us due to society, prestige etc. Every time she says that she doesn’t want to go to her husband and want a divorce from him. We want to get married in any case. What must be the best possible legal way for us to get married? She is ready to give any statement according to me. Please reply. 





Go to court and Claim that he is your Son. Get the DNA test. Accept that both were in LOVE from 10 Years.

You Both will Go to Jail and after Jail Term get Married...

All 3 Families will be Happy...


No Even afgter coming out of jail he cannot marry her unless she is divorced.

 

Rather after coming from jail she will not be interetedd in marrying an unemployed parcite becuase all that he can do is "home tution" and prepparing for govt job.  Both the doors will be shut for him.

 

Door of govt job appears already shut down being a criminally accused person.

 

who will allow his children to be taught by a person accused of eloping with married lady.

Sudhir Kumar, Advocate (Advocate)     18 November 2015

do not forget that the girl is equally coward as you are beucase she allowed herself to be married against her wishes.

 

One day she will understand that she can come out of legal mess by being a wtiness against you in charge of kidnap, adultery etc.

Democratic Indian (n/a)     22 November 2015

Originally posted by : arix
indian society is the worst society of the world. yours is a very easy case. all she has to do is to file a 498A case against the entire family of husband. the husband and family will be behind the bar.

then she will file a divorce case on the ground of mental cruelty, torture and harrassment. she will get a divorce.

then she will marry you or you marry her. but take care of her child.

don't care the society. just live your life.

What you are saying appears to have substance if viewed from angles of questions of law involved. Human Rights are part and parcel of the Constitution. This can be confirmed from Section 2(1)(d) of Protection of Human Rights Act 1993. Any enactment that has "force of law" has to be interpreted in a manner that gives affect to human rights and justice.

The combined reading of of Sections 2(1)(d) and (f) of Protection of Human Rights Act 1993 leads us to Article 23, especially 23(3) of  International Covenant on Civil and Political Rights that say "No marriage  shall  be  entered  into  without  the  free  and  full  consent  of  the  intending spouses" and Article 10(1) of the International Covenant on Economic, Social and Cultural rights that says "Marriage must be entered into with the free consent of the intending spouses."

As per author of this thread both the boy and girl were in love and marriage was against their wish, meaning it was against their consent under some kind of duress and not free and full. Does the law view this kind of marriage as valid? The matter of honor killings and the like to terrorize the involved parties into submission and silence is well known.

Author has also mentioned that all this was told to husband by the girl but he did not bother to listen the matter. Looks like 498A IPC gets attracted. Was the act of s*x consensual or forced? This aspect also be needed to be looked into from angle of law. Probably there are many more aspects of various enactments to this which can be best discussed in detail sitting with an experienced advocate.

mohan   22 November 2015

Very good and diversified anwers by alll... 

ARIX said it right..... in a very taunting way. People actually spoiling the society for their personal preferences. 

 

YOU SHOULD REALIZE A FEW THINGS.......

1. she is married and now having a baby. till you in her life, she would always be double minded. Or maybe you not letting her forget you. OR worst - you blackmailing her not to forget her ??

2. You spoling

- your life (as you might end up in many legal cases)

- your future ( as you studying for govt compeitions)

- the girl (as she cannot even setlle in that house)

- the husband (as he had no fault, presuming he would not even know about your affair at the time of marraige) 

- the in-laws of the girl - (there might be a full family getting affected by this one breakup, if it happens)

- AND THE MOST - THE BABY - (what is the fault of the one year old baby ? she/he looses her mother or the father. she looses the much required love she needs at this tender age). 

 

SO - GROW UP............BE MATURE AND LET GO OF YOUR PAST................... FOCUS ON YOUR FUTURE AND AM SURE YOU WILL FIND MANY BETTER OPTIONS IN FUTURE. AND DO NOT KEEP THE OLD MEMORIES AS A PAIN...INSTEAD CHERISH THEM........AND LIVE AND LET LIVE. 

 

 

 

 

 

 

 

 

 

Democratic Indian (n/a)     22 November 2015

I would prefer to restrain from giving personal moralistic views and keep the replies restricted to questions of law.

 

Even the most moralistic (modern “natural law”) and non-moralistic (“positivistic”) legal theorists today share a common moral goal: liberty/ autonomy. To prioritize individual liberty/ autonomy is to posit a common good and demand that society be structured for its promotion. We see this, for example, in the contemporary marriage laws in many common law countries, which allow either spouse to demand a unilateral “no-fault” divorce, prioritizing the liberty/ autonomy of the departing spouse over the other spouse’s desire for community and stability. Liberty/ autonomy in the sense of self-actualization and self-definition is taken as a metaphysical highest good (or right), ordering other, lesser goods (or rights). As the U.S. Supreme Court mused in its decision in Planned Parenthood of Southeastern Pennsylvania vs. Casey: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” We can and should, on this view, define and choose the nature and meaning of our own existence. And thus the Constitution, ought to be interpreted principally as an enactment for protection of individual liberty/ autonomy, must uphold this choice making quality of liberty/ autonomy, by forbidding laws that might intrude thereon. Academics, too, insist on the link between liberty/ autonomy and human dignity; Neumann, for example, insists on the necessity of privacy rights for human dignity, though he denies that this is a moral claim. Ref. Michael Neumann, The Rule of Law : Politicizing Ethics 56–57 (2002).


Thus, there appears to be at least one knowable common good for modern legal theorists: maximum individual liberty/ autonomy. Moreover, this moral good is found through implicit rejection of the fact/ value distinction. To prioritize individual liberty/ autonomy is to derive the “ought” of choice maximization from the “is” of the capacity to make free choices. Only if we assume that choice making is central to our human nature — our being, our essence, our conscience as it were — can such a view make sense. As a result of this form of reasoning, individual liberty/ autonomy is taken as a fundamental, grounding ideal (one might say a grundnorm) of the Constitution, the implications of which are to be and will be unpacked by judges, so long the rule of law and justice exists, but the further bases of which are not open to question.


Every constitutional guarantee is burdensome to society because it places a barrier between the individual and the State. Every fundamental right that we have come to regard as indispensable involves this tension between individual freedom and State control. The fundamental common law right to remain silent and have counsel present during a custodial interrogation, for example, has been assailed by no less a jurist than Justice White: "In some unknown number of cases the Court's rule will return a killer, a rapist or other criminal to the streets and to the environment which produced him, to repeat his crime whenever it pleases him." Similarly the matter of matrimonial or divorce laws is usually at the forefront of various emotional issues that periodically confront society, especially the legal community. Nevertheless, as guardians of the Constitution, the judges have an obligation to interpret the Constitution, irrespective of their personal feelings, so as to carry out not merely the intent of the framers of the Constitution but also the doctrines and laws of higher order that make up the Constitution. If judges abandon this obligation, the public will view courts as political institutions, their decisions less rooted in the law than in the personalities and politics of the individual judges, and will view the courts as not expounding the law but rather as handing down social policy in judicial dress, or giving fundamentally political judgments dressed in legalistic garb, to suit the perceived needs of the moment.


Now in light of the above discussed so far, let us try to understand and interpret the relevant portions of the Constitution, enactments and questions of law directly connected to the topic of this discussion.

Shantanu Wavhal (Worker)     23 November 2015

shameless rohan

Shantanu Wavhal (Worker)     23 November 2015


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