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Rajkumar Sheoran   08 July 2023


My wife gave birth to a baby girl on 09-12-2021 while living in a live in relationship with another person.On the basis of this evidence I filed a case under section 494&120b against both of them and their parents. Hon'ble court ordered police investigation under section crpc 202, in the report submitted by the police, on Indian non judicial stamp paper of worth Rs 101dated 21-12-2020, the paper signed by the Notary of the live in relationship was given as a witness signature of wife's brother and mother and by her father of being in live in relationship before the police, can all this be the proof of her marriage, please guide.


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 July 2023

A live-in relationship also called cohabitation and is an arrangement when two people involved in a romantic and s*xual relationship as partners for a long term or permanently, decide to live together without marriage.

Therefore the concept of bigamy or the offence therein does not arise if either of the spouse later marries another person.

This was not a marriage with her partner but you can file a petition seeking annullment of your marriage  for the reason that she had a child before the marriage and suppressed the same at the time of her marriage.with you.


Dr. J C Vashista (Advocate )     09 July 2023

Provision of Section 494 IPC applies to a spouse who got remarried (except Muslims) during subsistance of his/her marriage. 

In the instant case she did not marry with her live-in partner as stated by you, hence she cannot be punished. 

However, if you have evidence of her live-in relationship it is a valid ground for divorce.

Very well explained by learned senior expert Mr.T Kalaiselvan, I fully agree with his advise.

Shashi Dhara   09 July 2023

As it is illegal relationship file petition for divorce.

1 Like

P. Venu (Advocate)     11 July 2023

Yes, the facts posted do not suggest proof of marriage. However, those facts constitute substantial grounds to seek divorce.

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