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Live in relationship

Querist : Anonymous (Querist) 14 April 2018 This query is : Resolved 
Hi...
The incident is regarding a friend of mine.
He was into a live in relationship wth a lady for 5 yrs and they had a child from the relationship .The child is now 3 yrs old and they all are staying separately since 2015 .
Apparently the lady was married earlier nd had hidden the same from my friend and started living together . My friend tried and wanted to do court marraige with the lady however somehow the lady avoided ..in the interim the lady gets pregnant and gives birth to a daughter . My friend accepted the child and they were all living like married couple with kid. Post few yrs this friend of mine realised the lady was having an affair with another guy and thats when situations became worse and they decided to part ways.The lady took the child and left my friend in 2015 . There were no evidence of any marraige between 2 and no pictures nothing were there. The lady took all jewellery all household stuffs and went off and My friend made her sign in court paper that these stuffs she had taken.. My friend out of humanity pays 5000 every month for the child and still continues even now.
Now apparently the lady is staying wth another man now ( no idea whether married or not )
Now, the lady in 2017 lodged a 498 against my friend .
My friend appeared in the 1st hearing this yr April but the lady did not turn up
Now the qstion is

1. Is the Live in relationship in this scenario legitimate
2. Can a woman aftr 1 yr of break up and after staying with another man in the interim do a 498 against my friend
3. What is the main motive of the woman in this case
4. Can the man marry in this situation even before the charges are not waived off from him
The guy is already 42 and doesnt want to waste time further can he marry in kolkata now

Would be highly obliged if we get an answer
Ms.Usha Kapoor (Expert) 14 April 2018
Your fried who is living with a lady which is not in the nature of marriage cannot be obliged to follow 498 A proceedings.
498 A proceedings are not applicable to them.Ultimately it would be quashed or ends u in acquittal against your friend
Querist : Anonymous (Querist) 14 April 2018
Thanks Mam..
in this situation can my friend marry( social & court both ) while the 498 A proceedings are on ...
Querist : Anonymous (Querist) 14 April 2018
Thanks Mam..
in this situation can my friend marry( social & court both ) while the 498 A proceedings are on ...
Ms.Usha Kapoor (Expert) 14 April 2018
Wait until the decision in 496 a proceeding comes along.Courts may change the law.
Guest (Expert) 14 April 2018
Even in Live in Relationship Once the Child is born obviously you both are Parents. Try to settle the matter amicably.
Sudhir Kumar, Advocate (Expert) 14 April 2018
1. Is the Live in relationship in this scenario legitimate

NO

Sudhir Kumar, Advocate (Expert) 14 April 2018
2. Can a woman aftr 1 yr of break up and after staying with another man in the interim do a 498 against my friend

YES she can allege that you refused to marry her for want of dowry
Sudhir Kumar, Advocate (Expert) 14 April 2018
3. What is the main motive of the woman in this case
ASK HER OR ASK AN ASTROLOGER

Sudhir Kumar, Advocate (Expert) 14 April 2018
4. Can the man marry in this situation even before the charges are not waived off from him The guy is already 42 and doesnt want to waste time further can he marry in kolkata now

LEGALLY HE WAS NEVER MARRIED AND HE CAN MARRY PROVIDED HE IS ABLE TO FIND A STUPID OR NEEDY WOMAN WHO CAN AGREE TO GET MARRIED TO HIM.
PARDEEP KUMAR (Expert) 14 April 2018
Brother Sudhir Kumar has given you appropriate reply. Still to add its apparently not of your friends but your own query. Such things needs to be discussed in person as keeping in view the queries you have raised the appropriate course of action, which sometimes is not in Law books, can be indicated by a professional only in personal meetings.
Querist : Anonymous (Querist) 14 April 2018
Thanks for the Replies.
Plz understand we dont understand such intricate law nitigities hence qstions pop up in our minds like why did the lady seek 498 ... as thrz no communication btwn my friend nd the lady....
Neither are they appearing in court... replies like contact astrologer sounded lil wierd bt anywys thanks for the reply from all learned ppl here nd hence the fruitfulness nd utility of such great forums..
My friend is definitely under an able guidance of a learned advocate already ,
just that wanted a second opinion...hence posted this on his behalf..
Heartily thank fr the answers

PS**** I am a lady here not the man in the situation... and i ws enquiring about my friend ..just in case to put things straight if still not gazed it correct
Guest (Expert) 14 April 2018
What ever it is You both are the Parents and the Rights of the child can not be denied he being the father of it.. Discuss with women's free legal Aid forums in your concerned Court.. They would guide and take care and do not worry.
Dr J C Vashista (Expert) 15 April 2018
A hypothetical academic question paper of an "anonymous" author stated to have been encountered by his "friend" ???
Kumar Doab (Expert) 15 April 2018
Live in relationship with a married person and child from such relationship is personal choice..
IT would be wise to avoid such relationship…
Your lawyer as per your post has advised you.
Would you like to share the opinion of your lawyer!

Are all involved Hindu?
Kumar Doab (Expert) 15 April 2018
Pls post with your ID and you can get many replies. Also draft properly so as to convey a clear message.
Your ID does not mean your email id or phone number and don’t post these also.


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