Divorced women can never have sex with another man if they want mainte

Deepthought thumbnail
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Posted: 10 years ago
#1

Divorced women can never have sex with another man if they want maintenance payments,

There's an famous English quotation about the perversity of the judicial system: The law is an ass.

IMO, the ruling in the Indian court (see below) is a good example of just that!


https://www.independent.co.uk/news/wo...-10463433.html

Divorced women can never have sex with another man if they want maintenance payments, Indian court rules

Wives who separate from their husbands will not be entitled to maintenance payments from their ex-husbands if they later have a relationship with another man, an Indian high court judge has ruled.

Justice S Nagamuthu said that even if a woman has separated from her husband, she commits adultery by engaging in another relationship - thereby disqualifying her from financial maintenance.

The Indian Express reports that in his ruling at Madras High Court, the judge said: "Since a man carries an obligation to maintain his divorced wife, the woman also carries the obligation not to live in a relationship with another man. If she commits breach... she will suffer disqualification from claiming maintenance."

He added that when a woman enters a sexual or romantic relationship with a man, she becomes his financial responsibility: "If she wants to live in a relationship with another man, she may be entitled to maintenance from him and not from the former husband."

Within India, much social stigma surrounding divorce pervades, especially for women.

The country's marriage and divorce laws have been criticised for failing to protect women and leaving them vulnerable to domestic and sexual violence.

Under the Criminal Law (Amendment) Act 2013, rape within marriage is legal. Studies have also found that a high number of Indian women remain in relationships where they experience domestic violence out of fear of the stigma attached to divorce.

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maha2us thumbnail
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Posted: 10 years ago
#2
DeepThought, what point you like to debate here?

The judgement given by the HC judge here is a welcome one. The woman has entered into sexual relationship with another man and so how can she expect her former husband to provide maintenance for her?
Deepthought thumbnail
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Posted: 10 years ago
#3

Originally posted by: maha2us

DeepThought, what point you like to debate here?

The judgement given by the HC judge here is a welcome one. The woman has entered into sexual relationship with another man and so how can she expect her former husband to provide maintenance for her?


If the woman has genuinely set up house with another man, then I agree it is sensible that alimony paid directly to her should cease. If there are children, then imo the father is still obliged morally to pay for their upbringing until they reach the age of majority. If the court were to argue the simple fact that a woman has sex with another individual then in my view it is quite wrong! BTW I do not subscribe to the idea that automatically the man should be the one to pay alimony. It should depend on the earnings of each of the two parties.

You can tell me that it is a court ruling, but like a said earlier the law can be a ass.
iMini thumbnail
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Posted: 10 years ago
#4
It's a welcome decision: that's my opinion as well because what if the woman never marries her lover(stays in a live-in relationship) in order to be eligible to get maintenance from her ex husband?
How can this law prevent women from breaking out of an abusive marriage?
Deepthought thumbnail
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Posted: 10 years ago
#5

Originally posted by: iMini

It's a welcome decision: that's my opinion as well because what if the woman never marries her lover(stays in a live-in relationship) in order to be eligible to get maintenance from her ex husband?
How can this law prevent women from breaking out of an abusive marriage?


You make it almost sound as if this issue is unique to India. The matter has been dealt with in a variety of countries that acknolwedge the realities of divorce and dependernt spouses & children.

If the divorced woman is not 'living' with her lover in a what is often called a common-law marriage then she should be entitled to the alimony. if she is living as wife & husband with the other person then the person she is living with should be expected to support her. (My previous priviso about children still stands.) Why is a woman denied sex ( humans are sexual beings) just because she is not married? May be she doesn't want another involved relationship - just sex. Men happily go off to brothels when they feel like it, but generally they don't face too much condemnation. Or is it one rule for men and a different one for women?
iMini thumbnail
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Posted: 10 years ago
#6

Originally posted by: Deepthought



You make it almost sound as if this issue is unique to India. The matter has been dealt with in a variety of countries that acknolwedge the realities of divorce and dependernt spouses & children.

If the divorced woman is not 'living' with her lover in a what is often called a common-law marriage then she should be entitled to the alimony. if she is living as wife & husband with the other person then the person she is living with should be expected to support her. (My previous priviso about children still stands.) Why is a woman denied sex ( humans are sexual beings) just because she is not married? May be she doesn't want another involved relationship - just sex. Men happily go off to brothels when they feel like it, but generally they don't face too much condemnation. Or is it one rule for men and a different one for women?

First of all,prostitution in India is illegal-be it men or women seeking their services-the government willnt know unless caught.I condemn men going to brothels,if many don't that's their problem.
To me - justice is more important than someone's sexual needs.
Yes,the law is biased. Men can't seek to get any sort of maintenance from their wives even if she is a billionaire.It's a lot harder for men to break out of abusive marriages than women.
Edited by iMini - 10 years ago
Deepthought thumbnail
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Posted: 10 years ago
#7

First of all,prostitution in India is illegal-be it men or women seeking their services-the government willnt know unless caught.I condemn men going to brothels,if many don't that's their problem.
To me - justice is more important than someone's sexual needs.
Yes,the law is biased. Men can't seek to get any sort of maintenance from their wives even if she is a billionaire.It's a lot harder for men to break out of abusive marriages than women.
Prostitution is illegal in most countries but that doesn't change what's happening on the ground. Face up to reality instead of trying to walk away from it. It impacts many lives. You make contentious arguments that many woman would challenge.

If the law is biased against men, then campaign to change it.

Nothing you have written thus far has changed my idea. 😊
1047050 thumbnail
Posted: 10 years ago
#8
You can't have your cake and eat it too. So, the woman will move on with her new lover and yet get maintenance from her ex-husband?

How about the man? Does he not get another shot at happiness? How can he have a new family if he also needs to foot the bills of his ex?





iMini thumbnail
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Posted: 10 years ago
#9
First of all,prostitution in India is illegal-be it men or women seeking their services-the government willnt know unless caught.I condemn men going to brothels,if many don't that's their problem.
To me - justice is more important than someone's sexual needs.
Yes,the law is biased. Men can't seek to get any sort of maintenance from their wives even if she is a billionaire.It's a lot harder for men to break out of abusive marriages than women.

Prostitution is illegal in most countries but that doesn't change what's happening on the ground. Face up to reality instead of trying to walk away from it. It impacts many lives. You make contentious arguments that many woman would challenge.

If the law is biased against men, then campaign to change it.

Nothing you have written thus far has changed my idea.😊
Nothing you have written that has changed my ideas either.You seem to be valuing someone's random sex life more than someone's hard earned money.I can't change this kind of thinking-only you can.😆
Deepthought thumbnail
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Posted: 10 years ago
#10

Originally posted by: ibnbatuta

You can't have your cake and eat it too. So, the woman will move on with her new lover and yet get maintenance from her ex-husband?

How about the man? Does he not get another shot at happiness? How can he have a new family if he also needs to foot the bills of his ex?


Yes you can. And it does happen in other parts of the world.

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