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disha   18 February 2016

In live-in? both person shud be unmarried?

Sorry for repeating......

I am a married man, want to enter a live-in relation with an unmarried woman. I searched & researched and found the below - wikipedia article.

 

  • In line (c) it states that for live-in both should be unmarried. Is it true?
  • What does otherwise means in line (c)
  • Is SC points laid down a law?

Question : If yes, doesn't a married man have the right to live-in with his partner, as the case would be lingering for years. Every man do have some needs. I do not want to be single anymore.

Is there any way?

The Supreme Court in the case of D. Velusamy v.D. Patchaiammal [7] held that, a ‘relationship in the nature of marriage’ under the 2005 Act must also fulfill the following criteria:

(a) The couple must hold themselves out to society as being akin to spouses.

(b) They must be of legal age to marry.

(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.

(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time, and in addition the parties must have lived together in a ‘shared household’ as defined in Section 2(s) of the Act. Merely spending weekends together or a one-night stand would not make it a ‘domestic relationship’. It also held that if a man has a ‘keep’ whom he maintains financially and uses mainly for s*xual purpose and/or as a servant it would not, in our opinion, be a relationship in the nature of marriage’.

 

FYI : My Wife Deserted me since 2011 may. It has been 5 years, she is not coming back, hence i filed a divorce in Thane. She wants me to give 20 lacs for divorce. I don't have. So, I filed contested divorce. 



 7 Replies

saravanan s (legal advisor)     18 February 2016

if she is married then her husband can initiate adultery charges on you incase if he comes to know of your livein with his wife.but its always risky to go for a live in relationship while your contested divorce is pending

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 February 2016

Please see the following link and all my nested links therein to clarify your answer.

 

https://www.lawyersclubindia.com/forum/Live-in-relation-for-married-person-133282.asp#.VsVsGtIrLIU

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 February 2016

Please also send your feedback here. Thanks!

disha   18 February 2016

Hi Rocky!

It seems from your answer that.... I can start live in with the unmarried woman. but, my concern is the line c in my question. can u focus on that?

Please answer...

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 February 2016

No such provision in law however girls age should be above 18 and yours should be above 21. Also you can solemnized your second marriage without dissolution of first.

disha   02 March 2016

@rocky - I checked other members answers they said not possible. please explain.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 March 2016

Originally posted by : Rocky Smith
No such provision in law however girls age should be above 18 and yours should be above 21. Also you can solemnized your second marriage without dissolution of first.

 

 

Very Sorry, You can not solemnized your second marriage without dissolution of first.


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