Friendship contract (family law)
maulik
(Querist) 13 March 2014
This query is : Resolved
I am (just married 6-2-14 with marriage certificate) married person, but I am not love to my wife. but she is vary innocent and good girl. she don't know what is in my mind she don't Knowledge any of my love life. i don't want to cheat my wife and i also not leave without my girlfriend our relation is old like 9 years in from school and collage life. we also leave in one colony and our both age is now 26 years (me and my girls friend). but some problem we don't merry to each other.
and she is married to other person and she has 1 child 4 years. she don't live with his husband. she is Bullying from her husband.
and he is also not divorce given to ready. he know abut us.
but we leave with to each other and question is whether it is possible to live with her without having my divorce,just like live in relationship, or i will make a friendship contract (maitri karar) is it legally. please advise me as early as possible. my cell no is 9-2-2-7-7-8-8-0-0-7
please Help.
Sudhir Kumar, Advocate
(Expert) 14 March 2014
despite bad English following could be understood:-
(i) you are married to a nice girl
(ii) you are attracted to a girl of bullying nature who could not adjust in her marital life and doe snot hesitate to spoil your life.
(iii) you feel you do not want to cheat your wife but actually you plan so.
(iv) you know more law than given in LLB curriculum. You are aware of some friendship contract which nowhere exists in law.
(v) you are totally unaware of the fact that having relation with married lady and also keeping evidence of the same can land you in jail for five years, unless her husband shows mercy on you.
Rajendra K Goyal
(Expert) 14 March 2014
You have right to spoil your life in any way you like.
Law does not permit such matri Karar as mentioned by you.
Your GF is not serious for her life and has spoiled her, her children and her husband life. She is trying to put you in the same line.
My experience says, you are not going to act upon my advise to be serious for your marriage life and not to spoil the life of innocent girl who is your wife now.
Even than I would like to repeat my advise to you to be serious in marriage life, totally forget your GF and concentrate on other problems of life.
K.K.Ganguly
(Expert) 14 March 2014
1. You can very well stay with your GF even being married to your nice wife, without letting her know about your such relationship with a married lady before your marriage,
2. You may or may not have any Maitry Karar with your said GF who is married to some one else and has a child of 4 years,
3. Up to this there is no problem. You can enjoy your life both your nice wife and beloved GF,
4. But the problem will start if either your wife or your GF's husband lodge a police complaint against you bringing the charge of Adultery. Police also may start a case of their own against you in this regard,
5. If such complaint is made, you shall be arrested and tried u/s497 of IPC with the charge of Adultery which is likely to be proved conclusively with the evidence of the said Maitry Karar and other evidence/witnesses for which you shall be punished by imprisonment for 5 years or fine or both,
6. I guarantee you the above result.
T. Kalaiselvan, Advocate
(Expert) 14 March 2014
I think the experts have given sufficient advises/suggestions,hope the author will come to his senses at least now realizing the seriousness of his acts, nothing more to add.
maulik
(Querist) 15 March 2014
thank you for advises to all..
but i want 1More Advises.
we leave in Gujrat in Ahmedabad.
in gujrat friendship contract (maitri karar) is it legally or not ??
me and my GF Both are agree if possible legally friendship contract (maitri karar).
if possible we both are divose after do it.
Guest
(Expert) 15 March 2014
Maitri Karar is illegal and can become a cause of blackmailig of any one of the party involved.
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
This type of maitri karar is illegal and will pave way for graver problems in the future, hence, it is better to avoid anything which is considered to be illegal at least at one stage where the things are still under control.
Sudhir Kumar, Advocate
(Expert) 16 March 2014
this so called maitri karar is nowhere heard in law whether in Gujarat or any other party of country.
It is not heard in law anywhere in India ex ept your imagination.
Sudhir Kumar, Advocate
(Expert) 16 March 2014
Ipc extract
Section 497. Adultery
Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
Sudhir Kumar, Advocate
(Expert) 16 March 2014
Further more divorce in India is not granted to satisfy fantacies.
Sudhir Kumar, Advocate
(Expert) 16 March 2014
please also know that this forum doe snot promote illegal or immoral behaviour.
V R SHROFF
(Expert) 16 March 2014
You are advised to forget your past.
& lead healthy, honest, faithful life with your "nice" wife.
Do not tell her your past, as u must forget it for ever!!
Do not disturb 12 diff life of all connected blood relatives, for your selfish, immoral, sinful act.
God Bless you and confer power, control,
"Niyam, ""Saiyam"& then Shakti" can create heaven , otherwise it is hell of problems for all. You must control yourself, however difficult it is..
Let ur gf go back to her husband, It is possible , Only if u stop ur relationship.
Let her children have their father with them. I hope u r not their biological>>> "
ajay sethi
(Expert) 16 March 2014
In Gujarat a system prevailed in which a man and a woman entered into a friendship agreement, a legitimate contract before a magistrate. It had a social and legal sanction and was popularly known as "maitri karar
The Maitri Karar was a pact between a married Hindu man and his 'other woman' to circumvent provisions of the Hindu Marriage Act that prohibits another marriage while the wife is still alive.
This is a term specific to Gujarat
In fact, as many as 29,951 cases of maitri karar were found officially registered at the District Collectorate in Gujarat several years ago.
In Minaxi Zaverbhai Jethwa v. State of Gujarat, in the judgement of Calla J., delivered on December 15, 1999, the court declared a maitri karar to be void ab initio in plain terms.
It was clear that such contractual live-in arrangements made a mockery of the sanctity of marriage. Apart from the parties themselves, those also to blame were unscrupulous lawyers and government officials who turned a blind eye to such happenings. Such ‘registered liaisons’ were also cited as one of the reasons for the rising rate of suicides committed by Gujarati woman in those days.
ajay sethi
(Expert) 16 March 2014
since court have held matri contract to be void and is contrary to provisions of HMA forget your mistress .
you have been married only one month back . keep your wife happy ,avoid legal complications and dont keep any mistress
Guest
(Expert) 16 March 2014
Please do maitri with your wife for the sake of peaceful and tension free future life. If you do not love her, file a divorce case to taste the life of maitri karar.
Sudhir Kumar, Advocate
(Expert) 16 March 2014
even if some maitri karar exists as an extra legal existance , still section 497 of IPC stands where it is.
maulik
(Querist) 28 April 2015
Tx you too all your kind suggestion.
