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Discussion > Family Law > Divorce > Living relation without divorce   Unanswered Threads Post New Topic

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There are 20 Replies to this message


venkata Peddi


It consultant
[ Scorecard : 71]
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Posted On 24 May 2012 at 22:11 Report Abuse

Hi,

I am Balaram, living in UK now. Married 5 years back (Love Marriage), separated in months due to complete missunderstanding. Also the quarrel between me and my wife went peak. 

So I thought it is better to separate because it will harm both, later I tried to convince the problems before coming UK, but she was not convinced. 

I have been in UK for morethan two years, l came to know she filed a maintainance case once she left me. It is still in progress, as many people suggested to try to call her back. I have called a number of times but nver she was ready to come back and at the same time she is not ready to give divorce. After observing her attitued I felt theough she come back she wont hesitate to damage physically or mentally.

So I was thinking going for a living relation with any lady who beleives me. Can any one suggest what is the process from the same. Is living relatio is leagal without divorce in India.

 

Regards,

Ram

 

 



Nitish


lawyer
[ Scorecard : 563]
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Posted On 24 May 2012 at 22:37

Hi Ram

No its not legal and your wife can file a case of adultry and it can go against you.


venkata Peddi


It consultant
[ Scorecard : 71]
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Posted On 24 May 2012 at 23:14

It means I can't live with any girl without marraige and relation. Like a house keeping girl.


Nitish


lawyer
[ Scorecard : 563]
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Posted On 24 May 2012 at 23:23

yes,she can sue you for adultry.


Adv. Bharat Chugh


Advocate/Legal Consultant (bharat.law06@gmail.com)
[ Scorecard : 10324]
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Posted On 25 May 2012 at 00:28

Dear Querist,

You living with a lady in a live in relationship is not illegal. You are not liable for adultery at all. However your wife can use the same as ground for divorce, and also try implicating you in 498A/406 etc and level false dowry allegations. 


Feel free to talk !


venkata Peddi


It consultant
[ Scorecard : 71]
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Posted On 25 May 2012 at 00:59

Dear Bharat,

She already filed Maintainance case and it is still going on. As we are not living at same countried for more than 3 years, is it possible for her to file dowry case or 498A/406 etc on me.

As mine is a love marraige we never had discussion about Dowry. I have already mentioned her that we can take divorce as we both have worest days, like abusing, scolding and beating each other. I alredy met with an accident where she hitted my right leg when i was sleeping and went for a operation when i was in India. Still there is no change in her attitude.

As her sister already took divorce adn not married, she felt that it will be difficult for her to get another marraige after divorce she is refusing to take divorce. 

I am ready to pay some amount and get separate with her, as it is hell for both us to live to gather. Please advice me and I will call you tomorrow your morning time. Trust me sir.. I am not a lier, but I have fear and helpless.

Thanks,

Balaram


Tajobsindia


Senior Partner
[ Scorecard : 16533]
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Posted On 25 May 2012 at 02:14

@ Author,


1.
You are most of your life living in UK - right/wrong!
2. You have a deserted Indian legally wedded wife - right/wrong!
3. Your wife has only filed a case of maint. all these years - right/wrong!
4. She does not want divorce from you - social reasons - right/wrong!
5. Alternatively make one more pressing request to your legal wedded wife with generous alimony to secretly opt for Mutual Consent Divorce where as per current law of the land only two visits to Court is required in 6 months gap period from the date of filling such joint mutual consent divorce petition in India – society of her may not need to know about such divorce for some time till they are ready to accept this grand separation phase their daughter is myriad to  Reasonable proposition in current stalemate situation one may say + keep trying even during live-in this last resort option on and off!!!!
6. You living with a lady in a live-in relationship is not illegal in
India and even as per UK standards also not illegal - right/wrong!
7. You keep paying maint. as well as some extra generous amount to your legally wedded wife till the Hindu relationship remains static from cradle to grave. – Assumingly
8. With this live-in partner never marry her as in religious and or registered way till your grave - Law point.
9. With this live-in partner never produce self DNA child till your grave - law point.
10. You may sometime want a child from your live-in partner go for sperm donor way at
Bourn Hall Clinic's associated Cochin Center - suggestion!
11. When you come to India for VFOF never bring this live-in partner with you. -
suggestion!


[PERIOD]


The moment you mix your live-in partner with society that you keep all above probably may go for a toss if your legal wedded wife gets a wind of it then Adv. Bharat's rest of advise sentence may happen.


Now where is the issue if all above being followed in more or less suggested sequence which may sound diplomatic reply to many a readers but tell what abruptly is the way out in such stalemate situations – SUICIDE (is
Thames water pure enough to accept an Indian wandering soul!)......... 



Total thanks : 1 times

bhima balla


none
[ Scorecard : 757]
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Posted On 25 May 2012 at 02:29

Tajobsji -once again good suggestions under the context of nefarious laws in the country.Unfortunately author seems to suffer from-I am good and so nothing will happen to me, as people will know I am good instantly when they see me syndrome. Dear Sir, it doesn't matter if you are good or bad. You will be treated the same as the worst criminal and a terrorist once your wife begins the 498a, DP and DV process!!!Then you will have to run the course -whcih is long and treacherous!

Bad things happen to good people!!!


nri_male


S/W Engineer
[ Scorecard : 38]
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Posted On 25 May 2012 at 04:16

@TajobsIndia

 

In continuation with the same question, what is the risk of remarrying in US after a valid US divorce while wife refuses to give divorce in India ? Marriage of course is through Hindu law. Assuming that she files Bigamy in India, gets me convicted and given the fact that India-US extradition treaty covers Bigamy as one of the valid offenses, do I have the risk of facing extradition to India ? 

US-India Extradition treaty does mention the crime should be recognized as a crime in both countries for extradition to proceed. Would the fact that I have not done anything illegal in US defend me ?

Passport in my case is a non-issue because my status in US is not dependent on Indian passport. 


RAM


engg
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Posted On 25 May 2012 at 08:36

whether she can get maintence without giving divorce





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