Want to marry a married woman

As Mr. Arix has stated 'indian society is the worst society of the world', I have strong objection over this statement. What does he know about Indian society or culture or social pattern. Just to suggest any woman to go and directly file complaint u.s. 498a IPC, before knowing the clear facts of the case. As we know taking undue advantage of these provisions is common now a days.. we being lawyer have to try to stop this to the best possible way we can. 
What about the husband.. he married in good faith and got to know that his wife has cheated him clearly. 
The Law is for the society.. the society is not for the law.
Being professional we should be responsible while making such statement. 

Dear Jurycon Incorporation, whether indian society is worst or best is a matter of subjective personal perceptions, it is not a question of law. In any society of the world, persons enjoying the economic and political power will always say it is the best society. Similarly, persons sufferring economic and political subjugation will always say it is the worst society. As professionals let us keep the discussion limited to the questions of law involved in this discussion.

Now let us analyze and examine the following facts of the case as told by author of this thread:

1) The boy and girl were in love. The so called society was against it. The conduct of "society" is clearly against the spirit of law.

2) The girl was forcibly married by so called society against her wishes. Marriage by force or any kind of duress is clearly against the law and is null and void.

3) The girl in good faith and trusting the man(supposedly married to her) told him that marriage was forcible against her wishes or consent. He did not care to listen to help her out of this unethical, immoral and unlawful situation she was sufferring. Instead he continued with his behaviour and thus affecting her mental health. This is clearly against the law.

Above facts are enough to attract many provisions of law which may include but not limited to 498A IPC. Knowing all the above facts, as professionals, what stand should we take?

Originally posted by : Democratic Indian
	Dear Jurycon Incorporation, whether indian society is worst or best is a matter of subjective personal perceptions, it is not a question of law. In any society of the world, persons enjoying the economic and political power will always say it is the best society. Similarly, persons sufferring economic and political subjugation will always say it is the worst society. As professionals let us keep the discussion limited to the questions of law involved in this discussion. Now let us analyze and examine the following facts of the case as told by author of this thread: 1) The boy and girl were in love. The so called society was against it. The conduct of "society" is clearly against the spirit of law. 2) The girl was forcibly married by so called society against her wishes. Marriage by force or any kind of duress is clearly against the law and is null and void. 3) The girl in good faith and trusting the man(supposedly married to her) told him that marriage was forcible against her wishes or consent. He did not care to listen to help her out of this unethical, immoral and unlawful situation she was sufferring. Instead he continued with his behaviour and thus affecting her mental health. This is clearly against the law. Above facts are enough to attract many provisions of law which may include but not limited to 498A IPC. Knowing all the above facts, as professionals, what stand should we take?

The Parents of the Girl has forced her, don't blame on the Society....The girl and boy could have run away and would have married in Arya Samaj...How many people are eloping???

First her Parents should be behind bars..

Now you are suggesting - she should file 498A. We don't know the real facts what happened.

The moment she told she is in Love with another guy, they both should have divorced legally and she should have married her Lover, but not like this having an affair...

This is my Common sense.. I am not a Lawyer nor a Judge...

Shameless People all the three people and there families....

Originally posted by : Democratic Indian
	Originally posted by : SuperHero Parents of the Girl has forced her, don't blame on the Society....The girl and boy could have run away and would have married in Arya Samaj...How many people are eloping??? Strongly disagree with idea of eloping. Why elope? Are they some criminals who need to elope from the law? Also eloping should be strongly avoided because many times imposters acting as lovers, run away with the girl and sell them into flesh trade. It is a well known organized underworld racket of flesh trade. First her Parents should be behind bars.. Of course anyone guilty, if the court finds them in violation of any law. As already told forcing marriage without consent or forcing the continuation of such so called marriage is not the spirit of law. Now you are suggesting - she should file 498A. We don't know the real facts what happened. I repeat again, not only 498A but many other provisions of law are also getting attracted. Real facts from fiction get seperated only in courts. Lawyers cannot sit in judgment, instead have to believe what is being told to them. So we all have to believe what is being told by author of this thread. The moment she told she is in Love with another guy, they both should have divorced legally and she should have married her Lover, but not like this having an affair... Ideally yes but matters are not always so ideal or practial especially for the average girl in Indian society. This is a fact and has been acknowledged by the law of the land in various enactments. In the eyes of law, marriage by force or against the consent is null and void. When marriage is null and void and facts have been told to the so called husband, having an affair or no affair is immaterial. Shameless People all the three people and there families.... It is very easy to make moralistic judgments and jump to conclusions. Let us keep the discussion limited to questions of law involved. It is rightly said that only the wearer knows where the shoe pinches.

It is upto each person whether to follow the Law or not...each person has there own belief system, value system, ethics or moral values.

Some follow and some doesn't follow.

Let us agree to disagree. Already Rohan has disappeared. 

Eloping - As long as they both are Majors, they can do whatever they want without violating the Law. Selling to flesh trade business is your point of view. It may happen or may not.

A coin has 2 sides. My judgement or moral policing was based on what ever it is written by the queriest.

My Last reply. :)

from absence of queriest in debate, it may seems tht only intention of queriest is to put a query,

Really disappointed to see the answers so far.. I am sure the person questioning did not get any solution... We all know whatever he has done may be right in his personal openion but from legal point of view it is wrong or I may say it is an offence from the view point of the husband. Unfortunatly, these things are very common now a days... and when things become common.. people start thinking that it is justified. But when they have to face the reality.. they face serious consequences and becomes a tough lesson for them.

Some of the answers are adequate for the person questioning to know the consequences of the situation. There is no question whether the husband here is right or wrong.. but he has a strong hand to put this person behind bars.. And when this matter will be interpreted before the court.. whether shall the court allow this defence or justifications of this person?.. NO..

Both the person and the girl are major age.. but doesn't mean they can do whatever they want to do.. we have some social responsiblities and legal bindings too.. Both the boy and the girl had to take strong decisions before her marriage.

Here.. I am really wondering whether we have to find ground to defend this person as a client.. or to make him realise the consequences of the same????

Adv. Yogen Kakade

juryconincorporation@gmail.com

Dear Jurycon Incorporation, I do respect your views but humbly disagree with some of them. The consent is the foundation of any marriage. No court or law can force any girl to live with a man against her consent or will. The facts as told by author of this thread amply demonstrate that force was used to conduct the marriage and that force is still continuing. It is amply satisfying Section 12(1)(c) of Hindu marriage Act for voidness of marriage. The linchpin of this simple case is the girl in question, and how much evidence she is able to collect to convince the court. I leave that and the provisions of law required to be invoked, to the able and learned advocate who will guide her out of this cruel and inhuman existence. Yes in order to avoid any possible legal trouble, the boy has to be prudent and cautious, nobody can disagree on this.

All I see here are three families that are going through immense trauma. May God usher some senses on them and allow each of them to live in peace.

At each step, we see injustice being meted on the guy(Rohan) and lady complicating matter even more... all for the vested interests of the families/society and parents involved.

All parties involved are equally responsible for this mess. I would hold the mother of the girl as the most responsible. If she had nurtured a friendly relation with her daughter she should atleast helped her take an informed and mature decision, or atleast stop a meaningless marriage. The lady is also responsible… once you are in a relation, it should be all about discipline and self restrain.. she should have acted mature and acted per her mind… not heart. And the guy(Rohan)… why he intruded in the married life of a couple. He should have distanced himself and should have instead helped the lady lead a fruitful married life. Things should have corrected itself over time.

How to solve? What is the way out? Very difficult to solve.

Doing some mathematics... there are three parties involved here; The Guy, Husband and the lady. If husband divorces the lady, then the other two parties can “probably” live in peace. The husband can continue to be their best friends and mentor. There is no way he can win over a "wife that has already eloped" and should resign to his fate. Things are already out of his hand. He(the husband), should consult a counsellor and psychiatrist and take necessary medications(anti depressant etc.) so that he can ride through this episode. No doubt this will be a tough decision for him as well…. But eventually things will heal and he should be able to remarry.

At last, I see that there are too much emotions involved here. There is no guarantee that these emotions will not turn against them (lady and the guy). After the dust settles down and the guy receives the lady, will they be happy throughout their life. That is the big question.

Anyway I wish all of them best of luck.