Live in relationship by two married persons
Atul Makwana
(Querist) 03 May 2015
This query is : Resolved
Hi
How does law treat if a married man, has a live in relation with a married women.
Note: Both Married to their partners and having children.
How does the law treat this? Will their partners be able to file criminal suite againt them? What are the consequences they will have to face?
Thanks
Devajyoti Barman
(Expert) 03 May 2015
This relationship is nothing but adulterous and hence the man is liable for prosecution u/s 497 IPC.
Guest
(Expert) 03 May 2015
How you are concerned with the case, with the man, his wife or his live-in relation?
Rajendra K Goyal
(Expert) 03 May 2015
Author reply the question of expert PS Dhingra ji.
Sudhir Kumar, Advocate
(Expert) 04 May 2015
The man is at the mercy of husband of the woman. He can have him in upto five years on adultery charge.
Plus good and undefendable ground of divorce for spouses of both.
Dr J C Vashista
(Expert) 06 May 2015
@Atul,
1. How you are concerned?
2. Submit your reply to the questions raised by experts for proper evaluation, analyzing and forming an appropriate opinion.
3.However, both are having illegal and adulterous relation, which shall bring illegitimate off-springs, if any. Otherwise, doing a great disservice to the social fabric and marriage institution, which may be termed absolutely selfish and "not less than animals".
SAINATH DEVALLA
(Expert) 06 May 2015
UR query is not worth replying because knowing fully well that it is illegal,U wanted to explore a way out legally for the so called relationship
Atul Makwana
(Querist) 12 May 2015
I am husband and my wife is in relation with other person. She is planning for divorce but i don't want to give her divorce hence i had a threat that she may take such step. This is the reason I asked the question.
SAINATH DEVALLA
(Expert) 13 May 2015
U had a threat that she may file divorce,will the partners be able to file criminal suit against them.U are involving her paramour's wife also.Can U elaborate everything in detail for a correct analysis by the experts if U desire justice.
Guest
(Expert) 13 May 2015
Mr. Atul Makwana,
Law treats only when law is made to treat appropriately, but not when you don't have objection to the live-in relation of your wife. When you say, "i don't want to give her divorce," what sort of objection you have got in the so called live-in relation? Both of you should be happy with your destiny.
In fact, your own query has proved to be a vague fake story, as on one hand you are saying "I am husband and my wife is in relation with other person," while on the other you state about live-in relation with some other married man.
First of all you have the need to distinguish the term, "live-in relation" and "in relation" only then ask your question that too when you have any problem on that relation. If she is staying with you, how she can be said to be living with some other person in addition to her living with you, as you have stated, "a married man, has a live in relation with a married women"?
Atul Makwana
(Querist) 13 May 2015
My wife (41 years old having 2 sons 19 years and 13 years) is in relationship with other person (46 years) who is also married and having one daughter (20 years) and a son (16 years. still no body has filed divorce cases and he is staying with his family and my wife has moved to her fathers home since 7 days. They have intention to file divorce case against partners. I have proof (love letters written by my wife to him but his name is not mentioned, call details, letter having question to be asked to lawyers with his name in her own hand writing and even wife and relatives of third person confirming relationship) about he relationship. I have threat that after filing divorce, they may stay together on ground of live in relationship. I do not want divorce due to future of my sons and I know my wife is immature and emotional and that person has taken benefit of it and made her against me. We often had quarrels on old issues and due to injustice done by my parents and sister where some time I had to slap her but never beat her badly and no medical or police proof is with her for the physical harassment. I am sure, whole case is now clear. Please guide.
Guest
(Expert) 13 May 2015
As against your contention, this is not a case of live-in relation, when they are not living together. That is another thing if they start living together after they are able to get divorce. Divorce is not so easy to get after about 20 years of marriage and having even adult son or daughter on both sides.
You cannot treat your 41 yer old wife as immature. There must be some solid reason if she has decided to take divorce even after about 20 years of marriage. So, you are still not clear in description of the case. Better make a review of your own attitude against her.
Also, it will be better for you to have face to face discussion with some local lawyer to make him understand the whole episode and background of the case to enable him help you appropriately.
Sudhir Kumar, Advocate
(Expert) 14 May 2015
Agreeing with Mr Dhingra I could only add that:-
I have not understood what you mean
"I had to slap her but never beat her badly and no medical or police proof is with her for the physical harassment."
Atul Makwana
(Querist) 15 May 2015
I still insist that my wife not mature as per her age and very emotional and the third person has taken benefit and brain washed against me. Also he had made promised to leave his family and stay with her for ever. He has convinced her that after filing divorce, they can stay together after making "live in agreement" and with the help of his lawyer, he has convinced her that it is legally valid. We had arguments (provoked by her) regarding old issues and of any body from society or relatives inform her that my sister or mother has passed some bad statement against her. This results to bigger arguments at my home and hence even after my repeated request to stop discussion, she keep continuing the same for hours so some time loose my toleration power and I had to slap her to stop all such things but never beats to that extend. My question is 1. How she can prove physical and mental harassment against me, what are the proofs court consider for the same. 2. Is "live in relationship contract" is valid without divorce and if it happens what actions I or third persons wife can take against both of them. 3. Will court consider the proofs like letters, call details, statement of third persons wife accepting the unethical relationship (the third person has accepted relationship in front of her and family members with my wife) as a proof of "unethical relationship" and how court takes it against the divorce case filed against me?
Sudhir Kumar, Advocate
(Expert) 15 May 2015
1. How she can prove physical and mental harassment against me, what are the proofs court consider for the same.
HIGHLY SUBJECTIVE ONLY PERSON HEARING HER ARGUMENTS CAN COMMENT
Sudhir Kumar, Advocate
(Expert) 15 May 2015
2. Is "live in relationship contract" is valid without divorce and if it happens what actions I or third persons wife can take against both of them.
BASICALLY STILL CONSIDERED AGAINST MORALITY AND NOT A VALID CONTRACT THOUGH IN SOME CASES MAINTENANCE IS HEARD TOP BE AWARDED IN CASE OF BREAK
IF LIVE IN RELATION HAPPENS BEFORE DIVORCE YOU CAN HAVE THAT MAN (but not your wife) JAILED FOR ADULTERY. NOTHING IN THIS CASE WILL HAPPEN WITHOUT YOUR FORMAL COMPLAINT POLICE IS NOT AUTHORIZED SU-MOTTO ACTION IN THIS REGARD.
Sudhir Kumar, Advocate
(Expert) 15 May 2015
3. Will court consider the proofs like letters, call details, statement of third persons wife accepting the unethical relationship (the third person has accepted relationship in front of her and family members with my wife) as a proof of "unethical relationship" and how court takes it against the divorce case filed against me?
HIGHLY SUBJECTIVE NONE CAN COMMENTS UNLESS HAVING SEEN SUCH EVIDENCE. SO BETTER YOU CONSULT YOUR LAWYER.
Guest
(Expert) 15 May 2015
In fact your questions are quite vague and premature. Why don't you ask such questions from your own lawyer, who know the case history and is also defending you?
However, the replies to your questions are given below:
Q-1. How she can prove physical and mental harassment against me, what are the proofs court consider for the same.
Ans. Only she may be knowing or his lawyer, how they planned to prove, or the incapabilty of your own lawyer to defend you properly to become the cause for her proof.
Guest
(Expert) 15 May 2015
Q-2. Is "live in relationship contract" is valid without divorce and if it happens what actions I or third persons wife can take against both of them.
Ans: When your wife's case is not a case of live-in relation, your question is quite irrelevant. By th way, what purpose of yours is supposed to get served, when you don't have any such problem?
Guest
(Expert) 15 May 2015
Q-3. Will court consider the proofs like letters, call details, statement of third persons wife accepting the unethical relationship (the third person has accepted relationship in front of her and family members with my wife) as a proof of "unethical relationship" and how court takes it against the divorce case filed against me?
Ans: Depends solely, how you are able to prove your stand, not the court how that takes that without practically proving. You may do your best to prove, if you really have the case and solid evidence.
T. Kalaiselvan, Advocate 
(Expert) 06 May 2015
