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Rajee   29 April 2016

Can married person live in relationship with other married

Hi,

My frnd husband is married and having 2 kids and he is living with one married woman she is also married and having one kid, they both are living in relationship. Can they stay together in live in relationship contract.???

 

 



Learning

 11 Replies

Dana Kayoni (Expert Humanitarian and Lawyer)     29 April 2016

In live-in no contract, just live together until you get fed up of the other, anyway woman can file DV case and claim alimony from the deserter if she so wishes. 

laxmi kant joshi (instructor)     29 April 2016

the husband of the married woman can file a criminal case of adultery u/s 497ipc against her paramour and get him prosecuted and jailed, and he also can file divorce case on the ground of her illicit relationship and adultery which are a perfect ground for divorce .

Vijay Raj Mahajan (Advocate)     30 April 2016

You question is incomplete. You ask if a married man live with another married woman, answer to this will be yes if they both wish and agree than they can.

As far what will be consequences of this type of live in relationship?

Well as for the man living with wife of another person if indulge in s*xual relationship without his permission (must prove such relationship by sufficient evidence) with that woman can be prosecuted by the husband of that woman for the charges of adultery under section 497IPC, the husband of the woman seek divorce from his wife and let her free.

The wife of the married man can seek divorce from her husband. As far if such man is not providing maintenance for his wife and children and has not provided then place of residence than that can be sought from him under the Protection of the Women from the Domestic Violence Act, 2005, but if he is providing it to them than they cannot further claim it from him. He cannot be prosecuted for act of cruelty under section 498A IPC by his wife as the living in adultery is no act of cruelty punishable u/s 498A IPC as has been held by the courts in India, nor his wife or that second woman get him prosecuted for bigamy under section 494IPC nor for nor for adultery u/s 497IPC.

In the end not much can be done against both such person but waste time and money in litigation against them by spouses of both side.

stanley (Freedom)     30 April 2016

sec 497 of IPC applies

Rajee   01 May 2016

Thanks for the valuable Suggestion.

Wife is already filed a case against her husband because he is not ginig anything to her and her kids. he is giving only yearly fees of amout of Rs. 20000/- My frnd is working and she is taking care of her kids.

 

Now after 3 years her husband and that another lady has some disputes and their relatives are saying him to go back to his wife. Now my frnd is in dual situation. because she already filed a case and her husbands family is forcing him to go back family. in this situation what to do???????

If that lady filed a case against him. What thing we can do to save her husband???

 


(Guest)

Let the parties follow their hearts and do what makes them happy. Legal system is ineffective to do anything whatsoever in such situation. Anyone can file any cases and bang their head in courts for years if that is what makes them happy. Laws and courts are a mere distraction, they have no meaning left for day to day life in India. Like you deal with power cuts, water cuts, traffic, pollution etc. you can also deal with a court date every few months if someone files case on you. It makes no difference. Ignore the haters. Do what the heart desires. Forget the courts.

Rajee   02 May 2016

Hi,

My frnds husband want to come back to his wife but problem is that another lady.

What to do in this case???

She is very pathetic lady who already spoiled own life now spoiling my frnds life. My frnds husband is worried if she does polics complaint and all??

Please suggest. ITS VERY SERIOUS ISSUE

 

 


(Guest)

It is not a serious issue. All court cases and police complaints in personal/matrimonial matters are a joke. They are treated like a joke at every stage of proceedings by police, lawyers and judges. Nothing happens and the complainant continues to get frustrated. Go live with whomever you want. Let the stupid people file cases and learn the hard way. If you die and ask God for justice you have some hope but going to an Indian court there no hope whatsoever. 

1 Like

Rajee   02 May 2016

Now. That lady who has relation with my frnds husband she is giving Dhamaki to him.her husband is not doing anything. But she is torcharing to my frnds husband. he really want to come bak to my frnd because my frnd has 2 kids. My frnd and her want to live together and that lady is creating a problem.

N.K.Assumi (Advocate)     20 July 2017

As stated by Stanley Freedom, if that woman is married, her husband can put that man in jail under section 497 IPC.

Adv Radhika Mehta (Advocate)     20 July 2017

I am unable to understand why after 3 years of staying seperately your friend wants her husband back? For the dhamki, your friend's husband can lodge a N.C. complaint against the said lady with the local Police Station.  Beyomd that, even if she files for something, it will be very difficult for her to get any reliefs as she was all along aware that your friend's husband was a married man.  Despite that, if she still got into a relaionship with him, then later on she cannot be permitted to take advanyage of her own wrong-doings.  


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