[fire_kris]

Married woman can live with her lover, says court hindustan times


Can a married woman lawfully live with her lover against the will of her husband? The Rajasthan High Court says yes.
In a judgment on Wednesday, the court allowed a married woman, Manju, to live with her lover, Suresh. “It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay,” said justices GS Mishra and KC Sharma. The court also said that nobody should consider an adult woman as a consumer product.
While dismissing a habeas corpus petition filed by Manju’s husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce.
Commenting on the judgment, senior Supreme Court advocate and noted women’s rights activist Indira Jaising said, “Though it sounds strange, I am in complete agreement with the high court.”
"At the end of the day an adult woman has a right to decide whom she wants to live with. She can’t be forced to go with her husband against her will," Jaising said.
In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manju’s husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing.
Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law. As for the other man, she said, “it seems he is ready to face that”. National Commission for Women Chairperson Girija Vyas said that although it seemed like an important judgment, she could not comment on it since she had not seen it yet.
Manoj Chaudhry, the counsel for Manju and Suresh, had earlier rejected as baseless the allegations that Manju had been kept in illegal confinement by Suresh.
He said that the duo had been living together by their free will and that the relationship had begun even before Manju had got married.


well for me the decision is apalling.... what is the point of marrying in the very first place... call me orthodox or anything, but it destroys the whole purpose of marraige... even if u r not satisfied with ur marraige... get a divorce ( if its on mutual consent.... will take less time ).... but i dont know this comes as a shocking decision....

WHAT IS THE POINT IN MARRYING? It just gives a new dimensions.... terms like extra marital relationships and adultery wont exist anymore then.



pour in with ur views everyone

[Nikolai]

whaaaat? are you kidding? so you mean to say that marriage is the permanent jail for anyone who was foolish enough or vulnerable enough to get married?

So by this you mean that when women are traded for buffaloes and they are married off to men older than their own fathers they are forced to live with their husbands, nay - not husbands - CAPTORS for the rest of their lives?

Is this what you are saying? The judgment comes down very clearly on the people who treat women like commodities... marriage is not a buying contract - and if the husband ill-treats or mistreats the wife, she's not under some bond to serve him until he lets he go via a divorce!!!

Everyone has rights - adultery and immorality is a matter of perception - they're not rights, but they're not illegal, yet!

While marriage is sacred, so is the individuals right to chose - after all, we live but one life!!!

[catapult]

Well...the decision shouldn't be treated as a surprise. It may have shattered the whole notin of Indian marriage and the image of shaadi-shuda naari of India. But hey, she didn't rob her husband or torture him...she just wants to live her life the way she wants.

I do agree with Nikolai, getting married doesn't necessarily mean they have die together under all circumstances. Things change over time and more so in the present world. Although people have to strive to uphold marriage as an institution, when things stretch so far they have to find their own ways.

@fire_kris - What is the point in marrying? - You'll know when you get married

[rahulworld]

Rajasthan Courts r creating headlines these days. This came second to the much criticized ruling by them issuing summon to Richard Gere over public display of affection (read cheek kiss) to Shilpa Shetty during an AIDS awareness campaign.

What I didn't uinderstand at first hand is - wht's the need of living with your husband if at all u r not satisfied with him - emotionally, physically, socially, mentally, economically n all. In the constitution of India there is a provision of divorcing ur husband which u can take any time u feel the above is true wrt you. Instead of having estranged relations with him while living with someone else, u can go ahead n divorce him. Later u can marry the person of ur choice not allowing society to do moral policing on you. Also, it ll send a strong message to society that u n ur lover r in a legetimate relationship n not sth referred as extra-marital.

I'm assuming here that in todays world of woman liberalization n gender equality, no woman is forced to live her husband wihtout her consent under the banner of 'marriage'.

Also, i want to know that whether the ruling apply to married-men?

[Nikolai]

I doubt it applies to married men... most married men usually get the short end of the stick coz some other married men have been evil... so in the name of womens rights...

[catapult]

Originally Posted by Nikolai

I doubt it applies to married men... most married men usually get the short end of the stick coz some other married men have been evil... so in the name of womens rights...

LOL! Interesting Observation!

I think married men will get the stick coz if such a ruling applies to them as well, they would definitely exploit it to the hilt.

[maheshtk_21]

I believe divorce is the best option. But what do u do till u get the divorce? Why waste valuable time?

Originally Posted by catapult

@fire_kris - What is the point in marrying? - You'll know when you get married :smile:

Does one need to get married to know?

[catapult]

Originally Posted by maheshtk_21

Does one need to get married to know?

I'm not married, yet I know.
My earlier comment was more of a than a

[Nikolai]

Originally Posted by catapult

LOL! Interesting Observation!

I think married men will get the stick coz if such a ruling applies to them as well, they would definitely exploit it to the hilt.

Haha, we surrrrrrrrrrrre wud! This is probably the most kick ass discussion on PG rite now!! And for those who're waiting till they get married - you're definitely gonna get past the CAT this year!

[subodh_iit]

What about the opposite case??

When a woman in love wants to live with her husband, but her lover stops her on some grounds using emotional blackmailing techniques .

At least before this judgment came, a woman could have taken resort to the criminal nature of such act..