Civil Procedure Code (CPC)

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shakti   30 July 2021

Live-in relationship

If unmarried girl stay with married man in live-in relationship, how the married man can be saved from legal consequences of his wife and girl's parents. Man want to divorce his wife but she is not ready.



 12 Replies

Somya Gadpayle (Law Student )     30 July 2021

A married person can seek divorce in a court of law, even though, mutual consent is not there.

Under the Hindu Marriage Act, 1955, there are two ways of dissolving a marriage-

  1. Through mutual consent- Section 13 (b) of the Act.
  2. Through the assent of one party only- Such a kind of divorce is called contested divorce as the willing party has to fight for divorce.

Now, for the instance, relating to the girl- It is a valid ground for divorce if the spouse is involved in intercourse with someone else after the marriage. As the general definition of a ‘live-in relationship’ is the cohabitation of an unmarried couple who are involved in s*xual and/or emotional relationship.’

Even a single act of deliberate and intentional intercourse with a person other than the spouse makes a reasonable ground to contest for the divorce without mutual consent under Section 13 (1) (i) of the Hindu Marriage Act, 1955.

Hence, in this manner, the man can contest for the divorce without the assent of the spouse, and thereafter, he might get legally married to the girl. Through a contested divorce, the dissolution of marriage is possible in this case.

Kiran Singh   30 July 2021

It is important to first understand the three key issues. The married man has committed adultery, is in a live-in relationship with an unmarried woman and seeks divorce. 

As far as live-in relationships are concerned, according to a ruling by Punjab and Haryana HC, live-in relationships are not illegal or sinful, though socially unacceptable. As long as they are two 'consenting adults,' live-in relationships are not illegal and therefore do not invite any sanction. 

The married man has committed 'adultery.' But it is no longer a crime under IPC. In the Joseph Shine v. Union of India case, the SC held section 497 IPC as unconstitutional. However, it remains a ground for divorce. ONLY the WIFE of the married man can use this ground for divorce.

Since the man seeks divorce, he can do so by proving any ground under section 13 of the Hindu Marriage Act (in case he is a Hindu). The best grounds that he can use in this case would be cruelty and unsoundness of mind. (I based this on the context provided. There are many other grounds like communicable disease or separation).

Simran Dalmia   30 July 2021

Live-In Relationships in India is not considered as a legal offence. When two people want to live together, it is not amounted to as an offence. The Supreme Court said that there was no law prohibiting live-in relationships or pre- marital s*x. "Living together is a right to live" the Supreme Court said, apparently referring to Article 21 of the Constitution of India which guarantees right to life and personal liberty as a fundamental right. The concept of live-in relationships has crept into our society from western nations and initially, found acceptance in the metropolitian cities, probably because individuals felt that normalization of a relationship through marriage was not necessary for complete fulfillment. Education played a great role in the development of this concept. Social acceptance for live-in relationship is on the increase. All the personal laws in India protect their women by offering the right to maintenance to them. But, unfortunately, none of the religions accepts and recognises a live-in relationship. Hence it is the Indian courts that worked on a remedy to this problem by widening up the scope of maintenance to the female partner both in and out of marriage.

Dr J C Vashista (Lawyer)     31 July 2021

Well explained add advised, I agree.

Prima facie it is an academic time pass topic for debate.

However, what is your problem / issue / locus standi ?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     31 July 2021

Without divorce husband cannot live with any other girl even in live in relationship. 

To get divorce, I can help to get it fast.

For detailed consultation Please contact me at TriCity Law Firm India or email us at adv.kamal.grover at gmail or contact us at 98l4llOOO5

Regards

 

G.L.N. Prasad (Retired employee.)     31 July 2021

"Man want to divorce his wife but she is not ready".  :  The essence is he demands divorce with mutual consent and to avoid maintenance.  No wife or her parents permit such sacrifices.  Members are not competent to foretell the legal consequences by legally wedded wife and her parents against the said husband, they may physically assault him, defame him, complain to the employer, conduct a panchayat, make a police complaint for harssment of legally wedded wife under Sec.498 etc.

Kishor Mehta (CEO)     31 July 2021

If the unmarried girl has attained the age of majority she can stay with whomsoever she likes, however for a married man to stay with her will be bigamy and punishable with penalty or imprisonment or both.

G.L.N. Prasad (Retired employee.)     31 July 2021

Bigamy refers only to marriage where as adultery is without such marriage, living together with mutual consent, which is no longer punishable in India.  The query by the member was:how the married man can be saved from legal consequences of his wife and girl's parents
 

Even when a married man is sincere relationship,  he could not protect himself or his family members (even if they are  not residing in the country) from the allegations of 498 false accusations for harassment.  When their family member is being harassed (not physically but through relations with another lady) no parents can stay silent and helpless, though they are not litigants, there are many who provocate them to retaliate suitably.

In India, getting protection for immoral activities (May not be illegal) is difficult and the victim is neither supported by law nor by society for misdeeds.

P. Venu (Advocate)     01 August 2021

The married man ought to reap what he has sown. This platform is meant for genuine issues of law, not for those who create problem for others due to their irresponsible and immoral actions.

2 Like

Advocate Ankur Goel (Lawyer)     09 August 2021

-  Adultery is no more crime so live-in is possible. But playing with fire always have risk of burning. 

 

-  Unmarried girl declaration is no value because she can change it anytime

 

-  it is no crime only until you marry unmarried girl or she become mother without marriage. 

Then immediately it will become crime of bigamy. 

 

-  Further there are some complications like

if wife comes to house and abuse the unmarried girl in filthy words then she will loose her character in neighborhood. Then you might have to change place to live. 

The unmarried girl can loose interest, change her mind, want to get married, want children then she can herself file criminal charges.  

2 Like

Ananya Gosain   02 September 2021

Law does not prohibit a live-in relationship between a married man and an unmarried woman. The Supreme Court of India, for the first time in the case of S. Khushboo v. Kanniammal (2010) gave legal recognition to live-in relationships by categorizing them as “domestic relationships” protected under the Protection of Women from Domestic Violence Act, 2005. The Court held that a live-in relationship comes within the ambit of the right to life enshrined under Article 21 of the Constitution of India. Indra Sarma v. V.K.V. Sarma (2013) categorized live-in relationships into two—domestic cohabitation between two unmarried individuals and domestic cohabitation between a married and unmarried individual or two married individuals. The Supreme Court has only recognized the former and not the latter. Moreover, if the marriage of the adult male is not disclosed to the girl then the girl has the liberty and right to file the criminal proceedings against him, even file a maintenance petition and if a child is born he can claim the maintenance and property equal to the child born from the legal wedding. REAL SCENARIO The High Courts of Bombay, Allahabad, and Rajasthan have repeatedly refused to grant protection to such live-in couples, citing reasons that a live-in relationship between a married and an unmarried person is illegal. In a recent judgment, the Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later. The court held that their act was against the definition of a live-in relationship defined by law and the Supreme Court. It is not a live-in relationship, but an act of adultery by both, it ruled. However, adultery was held unconstitutional way back wiping it off from the criminal statute books. In view of this, the aforementioned latter category of live-in relationships must be recognized, particularly from the perspective of the DV Act. You may check out these articles for further understanding - https://www.lawyersclubindia.com/articles/live-in-relationship-between-married-man-and-unmarried-woman-legal-or-illegal-14122.asp https://www.lawyersclubindia.com/articles/protection-of-women-from-domestic-violence-act-97.asp Regards

P. Venu (Advocate)     02 September 2021

May be, adultery is no longer a crime. And there is nothing immoral in an unmarried man and unmarried woman staying together. But it is immoral for a married man or woman to abandon the spouse and children and enter into live-in relationship with another person. Please note that morality that renders law operational and purposive. Also, it is misconception that that s*x is a right; no, it is a responsibility.

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