affair

Querist : Anonymous (Querist) 07 December 2010 This query is : Resolved
if a person is living seperately from his wife from 3-4 yrs.now he has developed affair/relation with some divorced lady.man is govt. employee.
1. she is either or keep or live in relationship ?
2.it is either bigamy or adultery ?
3.is law is different for govt. or private employee.
4. child born out of this type of relationship is legal or illegal.
5. can above said person can legal father of that child

Follow Query

Report Abuse

s.subramanian (Expert) 07 December 2010
1.it is nothing but an extra marital relationship. it cannot be legalised.
2.it is adulterous and not bigamous.
3. same for all the citizens of india.
4. definitely illegitimate.
5. no. he can be only an illegitimate father.

Querist : Anonymous (Querist) 07 December 2010
what is difference between bigamy,extra marital affair,keep& live in relationship.
is extra marital affair / relation is punishable as govt. emloyee give oath that he will not keep two living wives

Devajyoti Barman (Expert) 07 December 2010
The live in relationship is only recognised if both the partners are unmarried. If either of them is married then the relationship is iillegal. To add more, though the child born out of this relationship is illegtimate, he/she is entitled to inherit from his father.

Arvind Singh Chauhan (Expert) 07 December 2010
1 Agree with Subramanian Sir.

2 It is adultery but not punishable due to technicality.

3 I agree with Subramanian Sir but For govt. employee some code of conduct has been framed and it may be against this code of conduct.

4 I agree with Subramanian Sir.

5 -do-

Querist : Anonymous (Querist) 07 December 2010
1.is his wife can register a case of adultery.
2. can his wife claim maintenance in court on the basis of adultery.
3.can his wife can file a case DV

Querist : Anonymous (Querist) 07 December 2010
WHAT SHOULD BE DONE BY HIS WIFE TO PUNISH HIM

Querist : Anonymous (Querist) 07 December 2010
Is proven adultery of one spouse can be the appropriate answer for desertion by other spouse

Arvind Singh Chauhan (Expert) 07 December 2010
His wife can;t file case of adultery specially to get him punished.

His wife can claim maintenance on the ground of adultery and desertion and cruelty.

His wife can file case under DV Act.

Querist : Anonymous (Querist) 07 December 2010
can a well paid govt. employee wife can sucessfully cliam maintenance on the basis of adultery by his husband otherwise whose maintenance cases are rejected.

R.Ramachandran (Expert) 07 December 2010
(1) It is not a live in relationship since live in relationship is one where both the parties cohabit in such a manner the society recognises them as husband and wife (even though they are not really married). In the instant case I do not think the parties are projecting themselves as cohabiting as husband and wife. Therefore it is not a live in relationship.

(2) It is not adultery. Adultery will apply only one a man indulges in sexual relationship with a woman knowing that she is married and has a living husband. In this case, the lady in question is a divorcee and has no husband. Therefore the question of adultery would not arise.

(3) The law is same for all.

(4) & (5) Any child born out of this type of relationship is illegitimate. However such a child will have right to inherit the self-acquired property of the father.

Advocate. Arunagiri (Expert) 07 December 2010
For the adultery you can initiate prosecution.

As you are employed, you can not claim maintenance.

For the rest of the queries I agree with Mr.Subramanian.

Uma parameswaran (Expert) 07 December 2010
I am also supporting Expert.Subramanian Sir.

R.Ramachandran (Expert) 07 December 2010
Dear Mr. Arvind,

One time you say that "It is adultery but not punishable due to technicality." At another time you say "His wife can;t file case of adultery specially to get him punished."

Please be clear. Take a stand for the sake of the querist.

Arvind Singh Chauhan (Expert) 08 December 2010
Sir,
Sorry Sir for repeation. I wanted to explain that the wife may take ground of adultery for asking maintenance or divorce.

But she can not file complaint against husband for adultery under IPC because this right might be with the husband of divorcee lady. If there would not be any divorce. Please correct me.

affair

Similar Resolved Queries :