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live in realation

(Querist) 07 February 2015 This query is : Resolved 
Since august , My wife left our home without informing anyone and start living with her mother and also started her own business . She also sent me a notice through her lawyer , asking for all her ornaments and money, and also mentioned clearly that now onwards she doesn't want to live with me . Last month i call upon a meeting and invite her and all her relatives ( uncle .. anty ..brother etc. ) , but no one turned up . Now from my sources I came to know that she has gone for live-in relationship with that guy ( .. with whom she was involved ) ... and he is supporting her financialy , but not staying with her and visits her twice or thrive a month . My question is... can she go for a live-in relationship without taking divorce with me .... or ... can i take any leagle action on her or/and that guy . Secondly , our son who is 16 is with me .. what is her responsibility towards our son ...plz. advise.

mitraj (Querist) 07 February 2015
Since august , My wife left our home without informing anyone and start living with her mother and also started her own business . She also sent me a notice through her lawyer , asking for all her ornaments and money, and also mentioned clearly that now onwards she doesn't want to live with me . Last month i call upon a meeting and invite her and all her relatives ( uncle .. anty ..brother etc. ) , but no one turned up . Now from my sources I came to know that she has gone for live-in relationship with that guy ( .. with whom she was involved ) ... and he is supporting her financialy , but not staying with her and visits her twice or thrive a month . My question is... can she go for a live-in relationship without taking divorce with me .... or ... can i take any leagle action on her or/and that guy . Secondly , our son who is 16 is with me .. what is her responsibility towards our son ...plz. advise.

adv. rajeev ( rajoo ) (Expert) 07 February 2015
In my opinion now it is not use. Any how she is gone now, instead going for the legal action, it is better to go for divorce on this ground. But remember regarding live in relation you will have to prove it in the court.
Guest (Expert) 07 February 2015
Well Advised by Expert Advocate Mr,Rajeev Rajoo.
Dr J C Vashista (Expert) 07 February 2015
I agree with experts advise.
Do you have any evidence to the effect that she is having extra marital affair i.e., live-in-relation)? If yes, prove it and get it divorced.
Devajyoti Barman (Expert) 07 February 2015
marriage is broken. dissolve the marriage.
Guest (Expert) 07 February 2015
Repeated in Different Title
prabhakar singh (Expert) 07 February 2015
My question is... can she go for a live-in relationship without taking divorce with me .... or ... can i take any leagle action on her or/and that guy . ?

ANSWER:
NO!she CAN NOT go for a live-in relationship without taking divorce FROM YOU.

AGAINST HER ONLY ACTION OPENED IS SLAP OF A DIVORCE PETITION.

AGAINST THE GUY AN FIR OF ADULTERY.

QUESTION2: Secondly , our son who is 16 is with me .. what is her responsibility towards our son ...plz. advise.?

ANSWER: YOU ARE LUCKY YOU HAVE YOUR SON WITH YURSELF.
Rajendra K Goyal (Expert) 07 February 2015
Gather concrete proofs about live in relations. May engage a private detective.

Try for Mutual Consent Divorce and if she does not agree, file divorce case.
T. Kalaiselvan, Advocate (Expert) 07 February 2015
If what you have stated is confirmed to be a fact, better arrange for a mutual consent divorce dissolving your marriage and return her ornament and things lying with you. Your son aged 16 years will not be able to decide about where and with who he shall live henceforth. If you evidence to prove her adulterous life with her paramour, you may after giving a deep thought, lodge a complaint against that person for the said offences.
malipeddi jaggarao (Expert) 11 February 2015
Is there any evidence about her ornaments and money lying with you? You are not a newly married couple. You can as well reply that nothing of her own is left with you and close the reply to her legal notice.

It is not so easy to prove bigamy as you cannot gather evidence. If the contents of your post is correct, I have to say, because of sheer lust for sex, she left you and your son. Are there any other reasons to leaving you? If there is no other reason, and only reason is to have illicit relation with her old bf, better you ignore for some time. These relations will not stand for long. She will certainly come back to you with empty hands seeking your pardon. If you seek divorce what would be the grounds. Bigamy is difficult to prove. If you go on other grounds, she will make counter claims. She already started sending legal notices. What is relationship of your son with his mother. Do they have cordial relationship or strained one? You should take help of your in-laws for counselling this lady properly and sending her back to the matrimonial home. If they do not turn-up, you can pay a visit and settle the matters thread-bare. You can even threaten them that you are going file a case of bigamy which normally they do not wish due to family respect.
Biswanath Roy (Expert) 11 February 2015
As to the given facts your wife left your place since last August means August 2014. It is further stated by you that your son is 16 years old From these two facts it is evident that your wife lived with you for long 17/18 years but suddenly after this long conjugal life she left your house to start a live-in relation with her old boy friend. Can any body believe this story?
Guest (Expert) 11 February 2015
My opinion on your queries is as follows:

Your Q-1: can she go for a live-in relationship without taking divorce with me?

Ans. Anything is possible, if she is not satisfied with you on any count.

Your Q-2: can i take any legal action on her or/and that guy?

Ans. You can take divorce from your wife.

Your Q-3: our son who is 16 is with me .. what is her responsibility towards our son?

Ans. It is your liability at least up to his age of 18.


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