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Jolly Chakraborty (Manager)     23 March 2013

Live in relationship

 

My Boy friend filed for divorce on 2012 July and his wife is harrasing at its best, she is not giving div or some time asking huge amt which he cant give. He has 3 yrs old daughter who is staying presently with his wife.

We met on 2012 Nov. He said he is awaiting for div. I am also a divorcy and it was mutual divorce(2010). Now we both develop feeling for each other as love.

Now we both agree for live-in.

I need to know the legal angel for we both, what we have to take pre-caution to start this relationship and forget about his respective divorce cases.

 

rdgs

Jolly



Learning

 18 Replies

HK_Jain... (498a Fighter)     23 March 2013

 

As adultery by a married male with an unmarried lady/widowed cannot be punished, similarly a married female also cannot be jailed for commiting adulterywith a male, only this male living with a married female can be punished.

so no harm in going ahead if u have decided for it taking into consideration of pros and cons of this relation.and his failthfulness for u.

But Do some below listed things to be in Live-in

1) Change your place and search a new place to live if possible, if not

2) Shift to your bf home as PG or tenant and make a rent agrement for the same.

3)Don't plan any kid untill he get Divorce Decree.

4)Don't disclose any one that you both are married if you are after going into Live-in.

 

Hemant

hkjain47@gmail.com

 

Manish Udar (www.Mehnat.IN)     23 March 2013

"his "respective"(!)" divorce "cases"(!)?  Please write like a literate person.

www.mehnat.in

1 Like

Adv k . mahesh (advocate)     23 March 2013

Now we both develop feeling for each other as love.

what thus this means explain and decide what you want to do .....

Shashikant V. Patil (Lawyer)     23 March 2013

The matter is under prejudiced in the court for obtaining divorce, your boyfriend will have a setback if he will be Live in relationship with you.   In society , he will be identified for having a extra marital relations.  You may wait till  his divorce decree will be confirmed .

Tajobsindia (Senior Partner )     23 March 2013

1. Herein she will be God send to speed up his divorce on addendum grounds of having illicit relationship with a un-married female and his wife should press such charges as mental cruelties and thus he gets what he wants eventually.
2.
You cannot be prosecuted nor will he be prosecuted.
3.
He will have to pay for child support and slightly more alimony which is anyhow decided based on parties status at the end.
4.
A divorcee woman falling in love with a married is not crime under any Sections of the Code only it leads to quicker divorce of the married man under mental cruelties expanded scope.
5. In reference to context you and he can even have child too. You two can live together under separate roof. Such child will be legitimate in eyes of Law for your two. Such child can also have his name in birth certificate. All these will not prove a single thing under strict Bigamy Laws for his wife to take recourse under except she will be proving 'mental cruelties'. Now even she files S. 498a IPC it will not make much effect overall to ongoing cases except mediation will be talk of the Courts and there he can offer price to seek his freedom from his dead marriage. It is all going to be litigation of patience.


I don’t subscribe to all above repliers opinions at all for a reason Indian society is much more moved forward then what these oldies are still peddling their medieval mindsets here thus clouding your relationship.

ARKS@tiger (nature tourism)     23 March 2013

Whether a Live in relationship of the kind discussed above attracts violation of any Conduct Rules or moral turpitude in case of a Central Govt servant?

why I posing this question is after fighting a DV case hopelessly for 7 yrs, it got dismissed by default .The lady is out n out to destroy me, doesn't want me to get resettled in life& after dismissal of DV petition is keeping quiet since last 2 yrs!!!

Can the experts guide me.???

Tajobsindia (Senior Partner )     23 March 2013

@ Dr Anoop,

A public authority is basically a coward person when it comes to makign a choice on social issues and takes four steps BACK while seeking such indulgences of senses while taking half step IN.

Having hinted you as above which you can easily understanding reading down your designation mentioned under screen name the legal opinion is that only below things happens in presented brief of yours;
1. Temporary suspension followed by
2. Departmental enquiry followed by
3. Reinstatement in service with arrears
4. Some promotions / censure lost in between provided you prefer not to challenge it before Tribunal followed by State’s HC

Side dish if opted for situation as in your brief are;

1. Transfer of pay to wife while in suspension
2. Govt. accommodation given to wife provided she is not in govt. service and shown dependent on you


The best one does is to seek permission to keep a second wife as one can, provided permission granted by superior authorites and same is mentioned in Rule books too as how to go about !

Alternate is to self judge if one is capable to get a private sector Job if one leaves govt. job or terminated from govt. job and thus takes the calculated plunge and for the same your silent wife will not do much except after getting wind of live-in partner of yours she will file a fresh case under ‘mental cruelties’ in a civil Court and that is where your chance lis rests this time provided you do not marry as per customs your live-in partner and rest hints are already mentioned in previous reply to first queriest of this post which can be studied in context to your query for an informed decision.

Ranee....... (NA)     23 March 2013

 

Originally posted by : Tajobsindia

1. Herein you will be God send to speed up his divorce on addendum grounds of having illicit relationship with a un-married female and his wife should press such charges as mental cruelties and thus he gets what he wants eventually.
 

Really this will help him in getting divorce if wife is not willing to divorce?

Manish Udar (www.Mehnat.IN)     23 March 2013

@ARKS@tiger please start your own thread 

ARKS@tiger (nature tourism)     23 March 2013

Thx 4 d quick responses. 1stly u YURSELF say Govt Authorities r cowardice n then u only provide more scary outcomes of the proposed relationship ??? You must understand that it's not acting coward but acting cautiously since its your hard earned job only which you are left with. Your Job needs to be protected at any cost not only since thats what you have n that provides you a stature in this society.

The Lady has eaten away all your savings n sitting so happily financially.Still not satisfied, she is so anxiously waiting in the bushes to go for a kill, the moment you make 1 wrong move!!

What I understand from the feedbk is that declaration of a Live in would land me in all kinds of trouble. Seeking permission frm Govt is ruled out since no service rules provide for it. But I am unable to comprehend one thing that once Live In has been recognised in our Law, then why the freedom to use such provisions is available to an Indian Citizen but not to a Govt Servant?? Is he some alien species, Isn't a discrimination not permitted under Constitution? What under law prevents a Govt servant to exercise His Right???

ARKS@tiger (nature tourism)     23 March 2013

What does that mean since new to the forum??

Tajobsindia (Senior Partner )     23 March 2013

@ Dr. Anoop,

Your understanding of opinion of
Apex Court
is mistaken. Only thing that has been given legal sanctity is for two un-married persons of opposite s*x to live as in live-in and not as per your brief which if done will result only into divorce and since Govt. service few Tribunal matters will come up that also if there is a complaint and it is obvious you yourself will not complaint to tribunal to look into the matter of keepign live-in while inlegal marriage !.

Secondly you got me wrong when I used word ‘coward’ I meant what you wrote next and in your situation you can go ahead and if you donot perform legal marriage with live-in after initial hiccups before Tribunals you will not face early discharge from Service. I never said about ‘declaration” as it is not permissible and instead I said seeking permission for keeping second wife and both are different.

As far as second marriage Rules is concerned it is very much there in Conduct Rules may be you have not gone over it as yet.   

Manish Udar (www.Mehnat.IN)     23 March 2013

It is the rule here, for every question there must a separate thread.

Anjana (lawyer)     24 March 2013

Dear Jain

Dont encourage the relation think about the otherside party innocent wife also .So  its better let them continue their relation after getting the divorce let them go in legal way


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