Live in relationship with a married man
Sudha Aditya
(Querist) 07 January 2015
This query is : Resolved
Sir,
An unmarried woman is in live in relationship with a married man having two children,for the past 7yrs and had two children with him. The man's wife has already filed the case (498A, DVact etc.) against him but living with him in the same house and doesn't want to take divorce. Since her husband is not leaving that lady now she is targeted on that lady by giving threats over phone but still the man is supporting the second lady.
1.Now according to law in which way the second lady can protect herself from his wife?
2. If they caught by the police what punishment will they get? both man and that lady.
3. What is the future of the children of the second lady.
Kindly let me know.
Devajyoti Barman
(Expert) 07 January 2015
1. aGAINST THE OFFENCES COMMITTED AGAINST HER, SHE can filed cases accordingly against the 1st wife. There is no special provision for law on this.
2. Depending upon the particular charges brought against them .
3. They are illegitimate children but have right to inherit the ancestral property of their biological father.
Isaac Gabriel
(Expert) 07 January 2015
In what way you are concerned?The law was a mute spectator for more than seven years and the offence has been acquiesced to prolong.Both are having two children and staying at the same house all these years.Perhaps enforcing the law could be a double edged sword since it will do mare harm than relief to the legally wedded wife and will be a nightmare for all the children.
ajay sethi
(Expert) 07 January 2015
second lady can record the threats . file case of criminal intimidation against first wife
the punishment would depend upon case filed against the man and second lady .
husband can make will bequeathing his property to his children from second lady
R.K Nanda
(Expert) 07 January 2015
consult local lawyer.
K.K.Ganguly
(Expert) 07 January 2015
1. If the 1st lady takes any illegal action against the 2nd lady, the 2nd lady can filr a police complaint against her,
2. Basically, the Man will be charged with the offence of Adultery punishable under law with jail term,
3. The children will be termed as illegitimate children of the Man but will have equal share on the property of the Man.
Anirudh
(Expert) 07 January 2015
Mr. Ganguly,
I think you appear to have omitted to notice that the 2nd lady is an unmarried lady. Therefore, the offence of Adultery will not get attracted in the given situation.
Rajendra K Goyal
(Expert) 07 January 2015
This is illegal relationship from so many years spoiling the life of legally wedded wife. Second lady has no right but her children would get share in the property of that man. If first lady takes any illegal step, FIR can be lodged by the second lady.
Sudha Aditya
(Querist) 07 January 2015
Thank you all. This is my cousin's (first wife) issue and unfortunately the second lady is my childhood friend.
Unfortunately though the first wife has all rights but she has taken foolish step on her husband with the help of his brother and his followers(belong to one politician) by attacking him with Iron rods etc.which was witnessed by the people of the entire lane. Moreover after doing this only she filed 498a etc.on her husband and also on his father-in-law, brother-in-law who are staying a little far from their residence, by managing the CI of police. And the police has not taken any compliant from his husband regarding the attack.
After this she left the home and stayed in a rented house with her children for three years. Surprisingly the whole maintenance was spent by his husband only. Because he came to know that it was planned by her brother. Now after three years he accepted her request and took them to his house again for children sake.
But now the story started from the beginning. She is gathering all the evidences after coming back to home. Now she wants to take revenge on that second lady but not on her husband.
But the cases are still pending in court.
The husband is having audio files in which his daughter and their relatives accepted about the attack.
Now using these audio files can her husband apply for divorce? If so will he get divorce?
Kindly let me know.
V R SHROFF
(Expert) 07 January 2015
"This is my cousin's (first wife) issue and unfortunately the second lady is my childhood friend."
As both are your friends, try to settle their matter amicably.
Otherwise its all immoral, illegal, and had already made a mess, so no direct solution.
Law will deliver justice on the basis of evidence.
It is very clear, h-w combined today !!Their marriage is legal and subsisting. IT IS MORAL TOO.
If a person lost his way .; but returned home by evening of his life;to his wife; it is his sweet home!! IT IS MORAL, RELIGIOUS; SOCIAL TOO. We all must support it.
so concubine must have taken calculated risk for her illicit relationship!!
Sudha Aditya
(Querist) 07 January 2015
Sir, I agree that the second lady has done a sin, but what about the kids. And now the first wife and that man are together. Is there not any mistake of her husband to drag that lady in this illicit relationship.
And what about the future of the innocent children of 3yrs age, became much affectionate towards his father in these three years period. Is it not immoral to leave the kids to their fate. Sharing his property can justify the kids' whole life without father's affection?
Law can't do any justice for them?
Sudha Aditya
(Querist) 08 January 2015
"Law will deliver justice on the basis of evidence."
Sir,
If first wife submit the evidences against his illegal relationship then the man will be punished.
If man will submit the evidence of his attack by seeking divorce, then what will Law say? (His first wife and two daughters were present in the location when attack was happened)
Kindly advise me.
Because the damage has already done on bothsides, hence I will try to convince my cousin basing on this.
T. Kalaiselvan, Advocate
(Expert) 09 January 2015
The disputes are chiefly based on the frustrations on both the sides due to which the situation is aggravated into a worst scenario. The willful act of the husband to be in an illicit affair with another lady while he had his wife waiting for him cannot be taken lightly by his wife or any woman for that matter. The woulds thus cause in her mind cannot be erased hence the resultant onslaughts. However the fact of the history cannot be denied hence it is better to look for an amicable solution instead of dragging the feud for ever causing continuous mental and physical tortures for every one involved.
Dr J C Vashista
(Expert) 13 January 2015
Try and resolve the matter amicably otherwise legally the "man" shall be in a hot-water and his beloved "second" lady shall have to suffer socially, morally and financially. Besides this, the illegitimate children born out of love-affair/live-in-relation of "second" lady shall also bear the burnt of society.
Consult and engage a local lawyer or counsellor and compensate the "second" lady for the affair.
Sudha Aditya
(Querist) 22 January 2015
Thank you sir.
"compensate the "second" lady for the affair."
This proposal came in very beginning when the lady has no kids. But neither he nor she agreed for this, since she is the care taker of his official and personal matters from the beginning. And she only taken care of him for three years after they attacked on him. And now with two children after seven years it may not be possible sir. And for the past seven years and till now, the lady is staying in the city other than their hometown.
Now the issue is running purely on man's property. He has declared that if the second lady and her children will suffer in any way by his wife or any other of her relatives, he will donate all his property to any orphanage or to any trust without any hesitation.
With this now my cousin is playing silent role. And seeming everything is ok for now.
