ViruRulez Posted March 30, 2012 Author Posted March 30, 2012 How does that contradict the concept of free society and/or democracy? Suppose you are employed with a company xyz and you sign an agreement with the company which states that you won't work for anyone else as long as you are employed with them. And then' date= to get some additional experience (pun intended :P ), you start working part time for company abc. If caught, you will be in a spot. You can't then say that you are working there by your free will and company abc knows that you are employed elsewhere, but still doesn't have a problem with you working with them. Free society doesn't mean that you can unilaterally renege on an agreement you make (in this case with your spouse). Marriage between two people is a contractual agreement to follow certain rules. Remember, all marriages are registered and the registration form on which all married people sign (or leave thumbprints) have a set of dos and don'ts. Being faithful to the spouse is one of the 'dos' in that list. But your example in fact justifies why it should not be there. In case of a company employee breaking the agreement the company can fire him from the company but CANNOT put him behind bars. It is not China. YOU ARE NOT ALLOWED TO HAVE BONDED LABOR IN A DEMOCRATIC COUNTRY. So, those agreements are more cosmetic than being on real substance. The best the company can do is to fire him from the company. And that is the point I was also making. Firing or ending the contract or in the case of the topic divorce makes sense and it is perfectly legitimate reasons for divorce. But how can it be a crime and how can the spouse be jailed for a period of upto 5 years for merely breaking a contract. That is definitely intruding into the freedom of choice and liberty. Denial of sex is an accepted part of Islam. However, it works only in one direction - the man can deny it to the woman but the woman cannot deny it to the man. Here's what the great quran sez (3 different translations) - verse 4:34 from the chapter An Nisa Now my question is, how does IPC handle these cases? Clearly Indian government and judiciary do not have the balls to enforce common law for all groups. Question to Mariyam (you can bring a unique perspective because you are both a lawyer and a muslim(?)) - if a muslim woman is being denied sex by her husband for the same amount of time as in the case of the OP, can she file for divorce (assuming her husband hasn't flogged her as prescribed by the quran for being 'disobedient') and how would the court treat her case? This is a democratic country buddy. Hindu marriage act which is part of Hindu Code Bills/Hindu Personal Law and the Muslim Personal Law are different issues which you referring to. Shariah or for that matter anything mentioned in the Quran is not applicable in India unless it is approved by the Indian govt. and included in the Constitution. Not only Muslims but several other communities including Christians, Parsis and Jews do not follow the Hindu Personal Law and have their own laws instead. The day India tries to place Shariah on Indian Muslims, the Muslim population of India will be the first ones to oppose it. Except Personal Laws especially in terms of marriage other laws are not different for any religion including Muslims. I personally have never seen any case of any relative or anybody at all anywhere wherein normal Indian laws were not applicable. Having said that, being a Muslim I feel these laws are ridiculous and there needs to be a uniform civil code. Even the gender ratio in India does not allow polygamy where the females are far lesser than their male counterparts. :giggle: But first other things need to be fixed and laws need to be modernized a lot more and made similar to Europe and the West in terms of liberty. Having said that, I also often am confused about the Hindu Personal Law. I mean I see many celebrities and political families especially in the Southern states of India with multiple wives. A good example is Karunanidhi. Another example is Dharmendra who supposedly converted to Islam to marry Hema Malini as his second wife and then subsequently reconverted back to Hinduism but still had two wives. Similarly a lot of Maharajahs of the former princely states also have multiple wives. Not sure how many still practice polygamy in rural villages and there are a lot of articles even in North Indian where the so called family head has multiple wives. So, is the Hindu Marriage Act not a binding law. Especially in case of celebrities and public figures, there is no proof needed and it is evident all the time. So, why are they not booked or is it only applicable to some sections of the people and not to everyone. Or being celebrities and ministers then have the power to bypass laws as always. :--D
rkt.india Posted March 30, 2012 Posted March 30, 2012 That's only applicable for things which fall under the purview of Personal Laws' date=' not for things under the Indian Penal Code as far as I know. If tomorrow someone claims chopping off hands for stealing is justified on the basis of Shariah, it won't override the Indian Penal Code's ruling.[/quote'] I was only talking about matters related to marriages, not other issues or criminal acts.
flamy Posted March 30, 2012 Posted March 30, 2012 If women's minds were as lust-addled as ours then this world would be one non-stop orgy. :D It's the men that have repressed feminine sexuality. Women are brimming with passion, brother. Brimming! :D
Prakat Posted March 30, 2012 Posted March 30, 2012 It's the men that have repressed feminine sexuality. Women are brimming with passion' date=' brother. Brimming! :D[/quote'] Love it! :D but passion is something else altogether.
beetle Posted March 30, 2012 Posted March 30, 2012 @viruRulez >>>Having said that, I also often am confused about the Hindu Personal Law. I mean I see many celebrities and political families especially in the Southern states of India with multiple wives. A good example is Karunanidhi. Another example is Dharmendra who supposedly converted to Islam to marry Hema Malini as his second wife and then subsequently reconverted back to Hinduism but still had two wives. Similarly a lot of Maharajahs of the former princely states also have multiple wives. Not sure how many still practice polygamy in rural villages and there are a lot of articles even in North Indian where the so called family head has multiple wives. So, is the Hindu Marriage Act not a binding law. Especially in case of celebrities and public figures, there is no proof needed and it is evident all the time. So, why are they not booked or is it only applicable to some sections of the people and not to everyone. Or being celebrities and ministers then have the power to bypass laws as always. This is because in case of polygamy only the legal first wife can raise the issue and get the man punished.If the wife complains the husband goes to jail and if employed with the government,the man loses his job too. In most of the cases mentioned by you the men are all influential men and the women generally not well educated .If they fight back they haven't much to fall back on. After spending a lifetime taking care of the man and his children...there is not much that these women have in their life.They often do not have support of their own families.They really have no choice but to settle for it to keep peace and also for the sake of the children.It is really sad.
punjabi_khota Posted March 30, 2012 Posted March 30, 2012 It's the men that have repressed feminine sexuality. Women are brimming with passion' date=' brother. Brimming! :D[/quote'] Why do you have such a hard time getting laid then ?:hmmmm2:
ViruRulez Posted March 30, 2012 Author Posted March 30, 2012 @viruRulez >>>Having said that, I also often am confused about the Hindu Personal Law. I mean I see many celebrities and political families especially in the Southern states of India with multiple wives. A good example is Karunanidhi. Another example is Dharmendra who supposedly converted to Islam to marry Hema Malini as his second wife and then subsequently reconverted back to Hinduism but still had two wives. Similarly a lot of Maharajahs of the former princely states also have multiple wives. Not sure how many still practice polygamy in rural villages and there are a lot of articles even in North Indian where the so called family head has multiple wives. So, is the Hindu Marriage Act not a binding law. Especially in case of celebrities and public figures, there is no proof needed and it is evident all the time. So, why are they not booked or is it only applicable to some sections of the people and not to everyone. Or being celebrities and ministers then have the power to bypass laws as always. This is because in case of polygamy only the legal first wife can raise the issue and get the man punished.If the wife complains the husband goes to jail and if employed with the government,the man loses his job too. In most of the cases mentioned by you the men are all influential men and the women generally not well educated .If they fight back they haven't much to fall back on. After spending a lifetime taking care of the man and his children...there is not much that these women have in their life.They often do not have support of their own families.They really have no choice but to settle for it to keep peace and also for the sake of the children.It is really sad. In that case the laws are even more screwed up. It is mentioned earlier in the thread that adultery by consenting adults which is a far less serious offense than a second simultaneous marriage is a crime against the state. Even if the spouse does not complain then too anybody else can do and the spouse might land in 5 years behind bars. And second marriage which is morally a far more serious issue too needs the wife to complain. Something is seriously messed up with the Indian laws.
anotherhawkeye Posted March 30, 2012 Posted March 30, 2012 if first and second wives don't have an issue, why do you want the state to poke nose in people's personal choice?
beetle Posted March 31, 2012 Posted March 31, 2012 In that case the laws are even more screwed up. It is mentioned earlier in the thread that adultery by consenting adults which is a far less serious offense than a second simultaneous marriage is a crime against the state. Even if the spouse does not complain then too anybody else can do and the spouse might land in 5 years behind bars. And second marriage which is morally a far more serious issue too needs the wife to complain. Something is seriously messed up with the Indian laws. I have my doubt regarding this.Why should any Tom ,Dick and Harry be allowed complain?I think it has to be the spouse.
Zelig Posted March 31, 2012 Posted March 31, 2012 Why do you have such a hard time getting laid then ?:hmmmm2: coz he is ghey? :hmmm: :((
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