LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

deep (deep)     30 September 2015

Husband claiming live-in-relation

My husband has claimed that he lived with me in live in relation and that no marriage took place.

He claims it because he says no saptpadi was performed 

 

Experts, kindly advise, can he just say that. How can write this in his reply to dv petition.

What should i do now?

 



 20 Replies

Sudhir Kumar (Retd Govt Officer)     30 September 2015

Kindly elaborate how and where the marriage as performed? whether you lived together? whether at all any ceremony other than Saptapadi took place? to which part of India do you belong?

SAINATH DEVALLA (LEGAL CONSULTANT)     30 September 2015

Deep,

Till now U have been replying to various queries: 

NOW U HAVE POSTED THE ABOVE QUERY AS A WIFE/CLARIFY

 

deep (deep)     30 September 2015

Sudhir sir I belong to Punjab. Hindu. All ceremonies were performed.but I have photographs of sindhoor,garland exchange, manglasutra, grey pravesh etc, but unfortunately I don't have saptpadi photos and my husband knows that. He has also filed nullment on same ground.

 

Earlier he filed  hma 13 a on crulity, then withdrawn it .  Now he claims he filed divorce on ill-advice of a lawyer.

Can i contact his old lawyer to tel this, can this statement help?

advocatepassy@gmail.com 971794 (Advocate)     30 September 2015

Without Saptapadi the marriage is bull and void. But the Supreme Court has accepted and given same rights as wife to live-in- relationship which were not the norm when HMA was passed. You are treated as legally wedded wife and have same rights.

Sudhir Kumar (Retd Govt Officer)     01 October 2015

I may not agree with Mr Passy. In Punjabi Hindus there is no custom of Saptapadi, rather feras are only 4. That does not mean that marriage is null and void. Saptapadi is binding only when the customary law so directs . I refer to section 7 of HMA:- 7. Ceremonies for a Hindu marriage.- (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. (2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

Sudhir Kumar (Retd Govt Officer)     01 October 2015

Further, if your husband believes that you were not lawfull married and yet had s*x with you then he needs to be in deeper trouble. Going though the definition of rape one can see that having s*x with a woman by believing her to have been lawfully married is also rape. All his relatives and friends and relatives are liable as abettor including the Pandit who performed the ceremony (if not willing to be witness in your favour). The offence is non-bailable. Given this reply to the nullity petition he has no option but to fall on feet.

deep (deep)     01 October 2015

Thanks for your valuable replies experts, can i pls get some similar judgements??

And can talking to his old lawyer regarding ill advice help? Can my husband,s affidavit help?

deep (deep)     01 October 2015

Thankyou sainath sir for the judjement message. Sir, wat can i give in rejoimder in dv case where my husband has written that "she ran away tand seen the company of another person," and "petitioner n respondent were living in live-in relation, so dv case is not maintenable

Sudhir Kumar (Retd Govt Officer)     01 October 2015

I do not know which judgement you have got. But be clear you are a wife and not a live-in. If your husband denies a lawful marriage let him be in Jail for rape.

 

read fourth definition u/s 375/IPC

167[375. Rape

A man is said to commit "rape" who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following descripttions:-

First- Against her will.

Secondly,- Without her consent.

Thirdly-   With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

Fifthly - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

Sixthly - With or without her consent, when she is under sixteen years of age.

 

deep (deep)     01 October 2015

Thankyou sudhir sir, can i get any such judgements. Sir, we are wedded, and they have mentioned in earlier divorce case that a child is born out of this wedlock, but now they deny n say that no marriage /phere ever took place, so it was live-in relation and tels court to tel me to produce phere/saptpadi proof.

Sudhir Kumar (Retd Govt Officer)     01 October 2015

You have been given clear provision of Hindu Marriage Act. The provision of Saptapadi is essential prevalent in customary laws. You have been told the provision. There is nowhere for him to prove that Saptapadi is essential for Punjabi Hindus. Marriages held under Sikh/Jain/Buddist custom are also valid under HMA although there is no Satpadi and no Feras of Fire. if You have been given clear provision of IPC. YOUR HUSBAND HAS CONFUSED YOU WITH FUTILE ARGUMENT AND YOU ARE CONFUSED. Some lawyers even forget the fourth definition of rape you have been explained that also. That too free. YOUR HUSBAND DOES NOT KNOW THE CONSEQUENCES OF WHAT HE IS SAYING AND YOU DO NOT WANT HIM TO FACE THE SAME. You are already paying a lawyer let him do some hard work. Your husband has either to admit marriage or be ready to be in jail for rape and everyone who attended marriage from his side liable as abettor.

deep (deep)     01 October 2015

Thankyou sudhir sir

SAINATH DEVALLA (LEGAL CONSULTANT)     01 October 2015

I have already provided a judgement,why keep on exxtending madam?

deep (deep)     01 October 2015

Sir judgements related to section 375


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads

LCI Learning Hindu Laws


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query