divorce without marriage


we both are divorcee and started living together without any marriage from 2015 nov. to aug. 2018.we have a son from this union.now she lodged 498A,406,323,341 against me. challan is already put in court.I don't want to live with her even single second.all charges are false because no marriage taken place.
should I applied for divorce. or what to do for legal permanent separation.
 
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Advocate

If no legal marriage no question of dissolution of marriage by decree of divorce, that's common sense, you're free person to do anything you want. Rest her onus to prove she's your legal wife in court, let her prove it and unless she prove it her criminal charges under section 498a IPC will fail but may not for charges under section 406 IPC etc.
 
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Lawyer

You have adequatly enjoyed live-in, which is not a marriage.

No divorce is required - just say "good-bye" !!!


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U live with her in live in relation then it is considered as married couples. Even though no marraige took place.as u have child u cannot escape.
 
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Advocate

if no marriage then 498A would not be attracted but other charges would be sustained unless acquitted by court. you have no authority to ascertain as to whether the complaint is correct or not. let the court to decide. No divorce is required since there is no marriage. As per law if a man and woman living together then presumption us that they are married couple unless and until rebutted by either party.
 
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advocate

Intersting prob.
 
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FIN

There have been many posts by many postors advicing men/women facing matrimonial disputes to (mis) adventure into such relationships.

Would you like to share who adviced you and which portal and was any FEE was collected from your?

Was the advice in writing?

 
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Couple living together will be presumed married ,supreme court rulesAmit anandchoudary/tnnapril13-2015 The supreme court since 2010consistently ruled by n favour of couples living together ashusband &wife giving the right of a wife. As u have child u cannot escape.

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FIN

Having children from such relationship may be a strong indicator/pointer for relationship being ‘in the nature of marriage’. IT may support contentions of OP to claim compensation/damages from male.IT may also prompt the court to decide the matter placed before court e.g; compensation/damages.

 

The female in live in relationship may not be able to file for 498a.

The counsel of female in live in relationship may press that you made her believe that you were unmarried. Since you are posting that you have evidences to defend you may be able to refute the allegations.

The evidences that you chose…

…OR female in live in relationship may chose may prompt the court to believe that you have admitted such relationship and complaints against you can be admitted.

The child may not be necessarily born out of; as pointed out by courts ‘Walk in Walk out Relationship’.   

 

If there is NO possibility ( at any time in any matter ) of amicable settlement of issues and otherwise also you may focus on getting clean chit in inquiry and to get acquitted from court of law. Get acquitted and stay away from partener in such relationship. If some (new/more) cases are slapped in near future, get acquitted and stay away…….OR  If some (new/more) cases are slapped in near future, you may have a cause to agitate and succeed.

Utilize the time to build irrefutable evidences, to defend your long term interest.  

 

You are expecting relief from courts of law.

In lower court also there are Presiding officers/ Judges that are well read, sharp, properly informed, brilliantly intelligent and vested with powers to decide the matter, and you may realize that ‘career concious’….

The court may frown upon anything and may decide to disregard the façade the pierce the veil.     

Courts of law have delivered path breaking, trensetting judgments and have unparralled power.

Your case may succeed or fail or in other words may become another path breaking, trensetting judgment for you or OP. 

 

If you think that you have irrefutable evidences that can establish merits on your side and you are properly informed of legalities, provisons of law, court procedures and can handle the matter on your own; GO ahead.

 

Or attempt and find out a very able LOCAL counsel specializing in Family/Civil/Criminal matters, to help you.

Preferably proceed further under expert guidance of a very able LOCAL counsel as already suggested so as to mind your long term interest(s).

 
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