My 2 bits: 1] Technically a wife as no case against a mistress, or against the husband for keeping a mistress, except to seek a divorce on this ground (Could be streched under the ground of 'desertion'). If his having a gay lover can be equated with keeping a mistress a similar situation would arise.
2] The wife only has a criminal case against the husband if he gets married again, which in this case is not a possibility. 3] Invoking 377 may be a cause of harassment, like it could take sometime before you get bail, you can be arrested by the police without a warrant, etc. But for a conviction, penetration has to be proved, which requires medico legal evidence that may not be available. But from the news report I see mention of CDs, which may undo this assumption and literally "Queer the pitch". We have to wait and watch. 4] It may alright be that by the time the case comes to trial, consensual homosexuality may no more be a crime, courtsey a Judgement in the the 377 case (which challenges the costitutionality of this law) in the Delhi High Court - an optimistic assessment and hope on my part. That is about the law. But about the ethics of it all here is what I think (presuming the allegation of tis person being gay is correct): The likes of this man is the scum of the world, the lowest bottom feeding spineless cretin that you can find. Suchlike have no consideration for anyone's welfare and cannot think one millimetre beyond their self interest. They get married for ther self interest (Society mein naak uncha rahega and all that), while not caring 2 pennies worth for the happiness and needs of the woman. They deceive the woman and cheat her into the marriage by not making full disclosure (they cannot, it needs a spine). And after marriage, they can only think of their own physical needs and pleasures, ignoring the needs, aspirations, expectations, and desires of the wife totally, screwing her happiness for no fault of hers, and fucking around with their male partners while the wife is supposed to stay home and mend hearth. But most importantly they also deceive an two entire communities, namely of Bisexuals and Gays, by hijackingg the name of bixexuals to justify their own lack of ethics, and bringing gay persons into disrepute. These are gay men, pretending to be bisexuals, and bringing a bad name to both. I sincerely hope that more women find the courage to file cases like this. If enough of them gets filed, and if enough of case law develops around it, our pretend bisexual gayboys who are out there taking women for a ride to meet their own selfish ends may just realise that sometime there may be a price to pay. Best regards Aditya Bondyopadhyay I sincerely hope and pray 2009/3/6 lgbtindiagroup <lgbtindiagr...@yahoo.com> > Today's Mumbai newspapers carry a report on an interesting case about a > harassed housewife who has dragged her gay husband and his lover to the > court and how the duo have sought anticipatory bail. What is really > interesting is that the case among other acts, article 377 had been applied > in this case. > I am not sure whether article 377 has been applied elsewhere in such cases > across India. But this is indeed a unique case. > I have so many questions regarding this case > 1) Article 377 can be applied when there is proof of insertion and > intercourse… correct me if am wrong… is there is any such proof in this > case? > 2) Can article 377 be used to seek alimony/divorce? > 3) Can an aggrieved wife seek arrest of the spouse's lover when the lover > is a gay? > 4) How does this play out in case of lesbians? > Ethical questions also remain. > A) Though this has been debated ad nauseam, I wonder whether the husband > and his lover have any ethics? > b) Is the lover as culpable in this case? I mean he is in merchant navy and > visits Mumbai and meets his lover when in town… > c) There is an on going discussion in > gay_bombay@yahoogroups.com<gay_bombay%40yahoogroups.com>where one riled > bi-sexual guy says that if sleeping around despite being in > a marriage is wrong… then so be it…. is this attitude the lowest common > denominator excuse that one can apply and shrug of one's shoulder and move > on? > d) Are those who remain unmarried and don't give into the much spoken about > pressure from family and society idiots? Or they are the ones who should be > applauded for sticking it out and braving the world? > What do you guys think? > Ketan > Moderator > ============================================================= > > Email: > modera...@gaybombay.in <moderator%40gaybombay.in> > > Web Sites: > www.gaybombay.in > www.gaybombay.info > www.gayindia.org > > E Groups: > http://groups.yahoo.com/group/gay_bombay > http://groups.google.com/group/Gaybombay > > Blogs: > http://gaybombay.blogspot.com > http://gaybombay.wordpress.com > > Twitter > http://twitter.com/gaybombay > > > -- Do not print this mail unless really necessary. Save paper, save trees..!! If you loose your way while SCUBA diving, the safest direction to head for is UP..!!!
