sandtest Posted December 14, 2008 Posted December 14, 2008 if it was I would be fine with it......it involves a third individual unaware that his/her contract is being breached. precisely, if all parties are aware then it becomes part of "Sambhog charam sukh"....:winky: problem starts when one is not aware and thus feels cheated for being "honest' in his/her perception.
fineleg Posted December 14, 2008 Posted December 14, 2008 shwetabh - how is this 'criminal' ? it may be ground for divorce, thats all.
The Outsider Posted December 14, 2008 Posted December 14, 2008 shwetabh - how is this 'criminal' ? it may be ground for divorce, thats all. Isn't breach of any contract criminal?
ludhianvi Posted December 14, 2008 Posted December 14, 2008 These are changing times. All the shackles of morality and culture are slowly being broken...and India is no different. Perhaps sad but true
Guest dada_rocks Posted December 14, 2008 Posted December 14, 2008 Guruji' date=' it's not only between two consenting adults....if it was I would be fine with it......it involves a third individual unaware that his/her contract is being breached.[/quote']tha third iindividual has right to get offended and walk out ..but to say that anybody lost his freedom to choose hi sex partner sounds like ghulami to me....
The Outsider Posted December 14, 2008 Posted December 14, 2008 tha third iindividual has right to get offended and walk out ..but to say that anybody lost his freedom to choose hi sex partner sounds like ghulami to me.... Was the third individual's contract breached or not? If yes, then it's criminal. Why didn't the individual inform the other party concerned that he/she was expressing his/her freedom to choose a different sexual partner. I have nothing against people choosing different sexual partners....I have a problem with the fact that it was hidden and violated an agreement.
fineleg Posted December 14, 2008 Posted December 14, 2008 is it a contractual agreement? If so, is there a written contract? In most cases where contractual agreement is violated, there is a written contract, the court can look at. Are T&C - terms and cond - part of the contract?
Rajiv Posted December 14, 2008 Posted December 14, 2008 It's a breach of faith and an agreement - so yeah' date=' it's a criminal act.[/quote'] Morally Yes, Legally NO You breach the agreement as soon as you letch at other women or men
The Outsider Posted December 14, 2008 Posted December 14, 2008 is it a contractual agreement? If so, is there a written contract? In most cases where contractual agreement is violated, there is a written contract, the court can look at. Are T&C - terms and cond - part of the contract? Not true, even verbal agreements are valid in court.
DomainK Posted December 14, 2008 Author Posted December 14, 2008 Isn't breach of any contract criminal? Yes, but in all contracts: 1. Both parties are bound by the agreement. In this case law makes only the male bound by it. 2. In case of a breach, only the other party can sue. No one else. In this case, just about anyone can complain. 3. The state has no role unless one of the parties lodges a complain. In this case, the state can act on its own. 4. If party A breaks a rule, the party B knows it and still carries on with the contract, its automatically assumed that party B has approved the act of party A and hence A's conduct becomes permissible and a part of the contract. Not so in this case. If a wife is aware of her husbands adultery and carries on with the marriage, adultery does not by default become the husband's right. He can still be sued years later. 5. If one party is doing a crime against the state in performing the contract (or against it) without the knowledge of the other party, the contract becomes null and void from the day of the act at the will of the other parties. That ways the moment a husband commits adultery, the marriage becomes null and void since adultery is a crime against the state (since the state can act on its own, its a crime against the state). There are thousand things that are contradictory here to the normal laws applied to contracts. So it has to be viewed separately. Thats why divorce courts are different from the ones that deal with mercantile law.
The Outsider Posted December 14, 2008 Posted December 14, 2008 ^ Please read all my posts above......I support making it criminal for both parties not the current law and I have clearly said that known adultery should not be illegal...that's mutual consent and not a breach of contract. That answers points 1 and 4. Regarding your point number 2...that's not always the case. Even if my union signed on a contract which is being breached and I am it's member I can file a case without the support or approval of the union. Regarding points 3 and 5, the contract in the case of a marriage is a state approved contract so yes, the state does have the rights to intervene in any breach of it because it has given an approval for it.
fineleg Posted December 14, 2008 Posted December 14, 2008 maybe like CC1981 says - Marriage itself is a societal concept that is flawed in some respects. Well, everything has pros and cons.
Guest dada_rocks Posted December 15, 2008 Posted December 15, 2008 Was the third individual's contract breached or not? If yes' date=' then it's criminal. Why didn't the individual inform the other party concerned that he/she was expressing his/her freedom to choose a different sexual partner. I have nothing against people choosing different sexual partners....I have a problem with the fact that it was hidden and violated an agreement.[/quote'] everybody has right to secrecy .......noone is obligated to tell anyone else what he she is doing..
graphic23 Posted December 15, 2008 Posted December 15, 2008 I thought marriage was a legal thing. So because you're breaking that thing by having an affair, it is breaking of the legal document that said you are married to the woman. I don't know. I think it should be criminal. But then its a subjective thing - those people who've experienced such bitter situations in their lives will have a different viewpoint I guess.
THX_1138 Posted December 15, 2008 Posted December 15, 2008 :giggle: Are you that ignorant? Mere bhai, Bharat mahan has seperate LAWS for our beloved Islamic birathers so that they can practice their own Shariah from little green book right in the middle of India. and then there is this whole MUSLIM PERSONAL LAW BOARD with full backing of "Sikoolar" Kaangress party and Communists who make sure that this discriminatory panel exists and EQUAL law for all remains a dream in India. BJP has been shouting from top of their lung to bring "Uniform Civil Code" i.e. EQUAL law for ALL same like USA has.....but ohhh well, they are "Hindutva" extremists.:hatsoff: so you did come out of your hiding hole after all... separate laws still means that the practice is not illegal. it should be illegal universally. and if indeed the BJP has been shouting from the top of their lung (actually it should be shouting at the top of their lungs, or shouting from rooftops), then what prevented them last time they were in power?
THX_1138 Posted December 15, 2008 Posted December 15, 2008 I keep giving you guys benefit of doubt while debating but it seems I am talking to a bunch of hihg-school kids on issues they have nary a clue about... no, its just that your message is often lost in the white noise that is your unsolicited rhetoric.
THX_1138 Posted December 15, 2008 Posted December 15, 2008 I am sure THX has given lecture even on UCC issue on thsi board.. too mamny people here talk without knowing zilch abut issues Thanks to Bharat-Ratna Rajeev Gandhi and shah-bano episode.. Even supreme court has given its verdict that under contitution of india existance of two spearate laws is not tenable but rase those issues and you become extremist overnight WTF is the UCC?
satishg Posted December 15, 2008 Posted December 15, 2008 it is a criminal act..as shwethab pointed out extra marital relationships is usually sleeping around without the knowledge of your spouse..so that is basically breaking the rules of marriage, faith and trust..as long as one party feels that they have been cheated then the other one shd be punished..it should hold for both men and women..
THX_1138 Posted December 15, 2008 Posted December 15, 2008 it is a criminal act..as shwethab pointed out extra marital relationships is usually sleeping around without the knowledge of your spouse..so that is basically breaking the rules of marriage' date=' faith and trust..as long as one party feels that they have been cheated then the other one shd be punished..it should hold for both men and women..[/quote'] what about internet porn? or for that fact, any act committed by one individual without the knowledge of the other. for instance, a man opening a separate savings account where he redirects part of his pay without the acknowledgment of his wife/partner?
satishg Posted December 15, 2008 Posted December 15, 2008 what about internet porn? or for that fact' date=' any act committed by one individual without the knowledge of the other. for instance, a man opening a separate savings account where he redirects part of his pay without the acknowledgment of his wife/partner?[/quote'] ok so wat are u trying to say..i mean u r comparing a partner cheating on his/her spouse with watching porn..so u mean to say you would be OK if your wife sleeps with someone else..seriously dude..if u are picking on the line that i mentioned about trust faith, i was basically implying about emotional/sexual infidelity here..doesnt that break the very fundamentals of marriage..
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