What law does in cases of adultry?
Even when the wife knows that her husband is innocent, she cannot sue the other woman, just because she is a woman, reports Satya Prakash.india Updated: Dec 28, 2006 21:31 IST
The stand of NCW is sad. I strongly oppose this stand.
It says that a woman is not guilty of adultry and that adultry must be taken as a civil matter.
I as well as many aggrieved wives certainly strongly oppose it!
Does a wife not have the right to charge the other woman who has enticed her husband and induced him into adultry?
Right now law denies her this right.
Even when the wife knows that her husband is innocent, she cannot sue the other woman, just because she is a woman!
A woman is a weaker sex and needs consideration, but what if she is ruining the other woman?
Does a woman knowingly committing adultry and enticing another woman's husband have a right to be treated under just a civil law that yields no real relief?
Does this mean that a wrong doing woman can be free to keep committing adultry and ruining marriages?
Should our law permit such a crime?
Right now, it is!
IPC has many sections that are never used and does not have many sections that need to be used.
IPC, section 497 says whoever has sexual 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 sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.
Section 498 pertains to enticing or taking away or detaining with criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
These sections clearly give the benefit to a wrong doing woman in such a situation and treat that woman doing this crime as innocent even when every one knows that she is not, while treating the man guilty even if he is a victim of the act of such a woman! Also it gives a right to a husband to allow his wife as an object that can be used by another man with his consent! If a woman has physical relations with a married man, his wife has no relief! Also, if any other woman entices away a husband, the wife cannot force him back or have the other woman punished.
This is against Article 14 of the Constitution of India.
Due to this flaw, many wives in India have their lives ruined.