LIVING TOGETHER
Querist :
Anonymous
(Querist) 03 January 2011
This query is : Resolved
I am married . we are unable to live together. but my wife is not ready for divorce. i am in different city. so i am planning to live with a woman. Is there any problem ?...What are the things i need to follow?...if my wife come to know about "living with other" relationship problem, what will happen?.
When we live together , if some one asks about my partner, what should i tell?...
What are the things i need to take care?...
Please advice me...so that i can avoid problem in future.
thanks
Raj Kumar Makkad
(Expert) 03 January 2011
If you live with another woman without seeking divorce from your wife, it shall be an offence of bigamy and you can be punished accordingly as per provisions of Indian Penal Code. No advice for the illegal act can be given by any legal expert at least here.
c n vittal rao
(Expert) 03 January 2011
With all due respect to experts view .Living with any person is not prohibited by any Indian law whether you are married or single .If you are hindu or christian and you marry this person you are living with without divorceing you wife it is punishable as it will be a bigamous marraige which is prohibited by the Indian penal laws.You can openly live with any man or women irrespective of your marital status.If some person accuses you of say adultery the onus to prove that will be on your accuser.You need not respond to any question or enquiry whether by the police or even a court of law as the constitution gives you the right to refuse to answer ,when the answer may incriminate you .You are ofcourse not exempted from any obligation that you legally are expected to fulfill to your legal spouse.
G. ARAVINTHAN
(Expert) 03 January 2011
Yes Makkad sir advised rightly
N.K.Assumi
(Expert) 03 January 2011
I m of the view that "Live-in relationship is a walk-in and walk-out relationship. There are no strings attached to this relationship nor does this relationship create any legal bond between the partners,as such it can not be regarded as bigamous nor does it amount to adultery.
R.Ramachandran
(Expert) 03 January 2011
I do not agree with the views of Mr. Assumi.
It is agreed that the live-in-relationship is a walk-in and walk-out relationship. However, the live-in-relationship is not for a married man whose spose is living, to live with another lady/woman.
Further to begin with to be a live-in-relationship, Hon'ble Supreme Court has very recently set out out some 4 conditions. Main 2 conditions (i) the live in relationship by the parties should be in such a way that they openly appear to be husband and wife; (ii) the society / the area in which they are living should regard them as husband and wife.
The moment a man whose wife is alive, gets into this live-in-relationship he would be committing bigamy. He would expose himself to criminal action.
