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Rajesh (SE)     16 April 2012

Live in relationship

Hi

if a person is  facing 498A ,divorce casee from last 4 year and also payinf maintance .But  didnt get divorce till date.

Rather his wife not ready to give him divorce can that peson start in Live in relationship wiih other one 

.is it illigaly to live .Or can his wife take some action agaist him .

please suggest what he do.



Learning

 11 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     16 April 2012

if wife is able to prove that HE is living in a relationship, then he can be penalised under Secion 497 of Indian Penal Code

Navaneetha Krishnan (Junior lawyer)     16 April 2012

but moreover it is hard to prove the live in relationship and if you marry then only it will be a big problem

Avnish Kaur (Consultant)     16 April 2012

keep it undercover and you may go ahead. no harm will be done except character assaisnation , take legal advise from ur lawyer.

 

mr ganeshan if a  married man has livin with an unmarried lady how can sec 497 apply please elaborate ?

1 Like

(Guest)

live in relationship is maintainable for unmarriade person. You you live in relation another woman without getting divorce from wife. Its a offence 497 IPC.

Don't think this. It may be harmful for you.

Avnish Kaur (Consultant)     18 April 2012

MR PRAJAPATI U NEED TO STUDY LAW

1 Like

rajiv_lodha (zz)     18 April 2012

I agree with Avinash!

If a married amn lives-in with

1) Unmarried woman

2) Divorced woman

3) Widow

WITH HER CONSENT, & No formal marriage is performed, he is safe unless new flame of his life complains! So, better take precautions b4hand & proceed

Anjuru Chandra Sekhar (Advocate )     21 April 2012

As per IPC 497 the woman he wants to indulge in live in relationship A. should not be wife of another man B. if she happens to be wife of another man he should have consent of that man.  If she is unmarried woman, then no problem. Wife of a man cannot initiate proceedings under Section 497 of IPC, but only the husband of a married woman who is indulging in s*xual relationship with another man can initiate proceedings.

Anjuru Chandra Sekhar (Advocate )     21 April 2012

Gender biased laws. :) 497 does not help a woman if her husband is indulging in adultery. 498A tilts too much in favor of women.

manish (cdsdfasd sdf)     22 April 2012

moral of the story - your wife can not file a case against you for adultery - she can only file against the other woman..

 

if the other woman is married to someone else, then her husband can file case for adultery.

btw living in doesnt mean that there is an adulterous relationship - does it? wink wink?

Anjuru Chandra Sekhar (Advocate )     22 April 2012

Not like this :

 

Dear Manish,

It is like this :

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both.         In such case the wife shall be punishable as an abettor.     

   

Not like this:

Whoever has s*xual intercourse with a person who is and whom she knows or has reason to believe to be the husband of another woman, without the consent or connivance of that woman, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case husband shall be punishable as an abettor. 

So a woman cannot have any case against another woman indulging in adultery with her husband.

manish (cdsdfasd sdf)     22 April 2012

thanx chandrasekhar ji.. thanx for clarifying..


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