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Asha (IT)     29 October 2012

Seek advice for live in relationship

My husband is living with another married girl separately in other apartment ~15 days in a month and other days with me  separately in another house. After lots of fights between me and my husband due to other lady and we both dont want divorce so mutully we agreed that  in order to live peacefully ,we made a mutual agreement between ourselves without involvement of other girl.The agreement ,we made in stamp apper just like rental agreement without consulting a lawyer.

Does this agreement valid legally between husband and wife in order to avoid everyday fight and divorce?

Accrording to this agreement, i allowed my husband to stay with other girl something like 50 : 50 and he started staying like this with we both in separate two house ? Is this bigamy or adultory for my husband ?

Am i will be apart of  adultory offence allowing my husband to do that ? am i also reposible for this offence ?

Can that other girl claim as live in relationship ? Can she file any case agaist me as i allowed this to my husband ?

if in case in future if my husband wantd to file divorce agaist me,then can he file ? It means he didnot follow our agreement .So will that agreement save my divoce legally ?

Advice me am i wrong looking at future complications  ? I am forced to do this as i dont want any divorce from my husband but offcource i can understand keeping two girls is illegle.It can be possible we can file divorce in future too.

We are following this rule from last 2 months.But i can see still he stared neglecting me and my responsibilties .Most of time he will be with other girl with some excuses.Now if i want to file a DV case based on bigamy,mental harrashment etc ,can i do it ? please help me.



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 6 Replies

Asha (IT)     29 October 2012

the other girl is unmarried.

Tajobsindia (Senior Partner )     29 October 2012

I agree to brother Asish.

1. See one side you encourage and other side complaint of harassment which is not good.

2. The simple thing that you could have done was to have granted him his freedom and taken your bags out with divorce papers in hand.

3. DV and or S. 498a and or Bigamy IPC etc. you may file but nothing will come out of them after years of litigations instead acrimony between spouses will increase the distance and divide both of you more and more and will lead only to divorce with damage to both of your deep pockets.

He would have been happy and so would you have been happy. A married woman world over either accepts (married or un-married) other woman in her legally wedded husband’s life willingly or does not accept such arrangements of economics at all. There is nothing called middle path thy name I am left out as societies only abala.

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Adv. Chandrasekhar (Advocate)     29 October 2012

The agreement is not valid in law.  But it hints that you condoned his extra-marital relationship and also the cruelty caused by him to you by having this extra-marital relationship.  To make the records clear, you give a NC complaint in the police station indicating that under duress you are forced to come to that agreement and also keep the copy of the same duly stamped by the police station.

He is not entitled to divorce as he cannot take benefit of his own wrong.  But you are entitled to divorce on the ground of his extramarital relationship.

You are entitled to file dv case for mental harassment, negligence caused by him due to his extramarital relationship.

Rahul Kapoor (Legal Enthusiast)     29 October 2012

agreement is void and has no existence in law.

you can move the petetion of the divorce

Rahul Kapoor (Legal Enthusiast)     29 October 2012

agreement is void and has no existence in law.

you can move the petetion of the divorce


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