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Dev (NA)     22 January 2015

Live-in relationship if wife not living together

Hi,

 

Please consider this case:

 

Husband and Wife have been married for over 2 years now. However, wife lived for a month after the marriage and then deserted the husband. The husband filed an RCR and till date the wife has not appeared before the family court. The wife played a trick and came back after 11 months and lived with her husband for a few days and then again deserted him. She then filed 498a, DV, and other things that are sold in the market of legal terrorism. So, the wife has not lived with the husband for over 1 year continuously.

 

[1] Sex is a basic need of human beings and even of animals for that matter. If s*x can be considered as a basic human right (I am not sure as to what the Indian Laws say about this right) then can the current / effective Indian Laws deprive such a 498a-victim-husband of s*x?

 

[2] If the Indian Laws cannot deprive such a 498a-victim-husband of s*x then can he have a live-in relationship with another woman without anything illegal to be charged upon him by his legal wife?

 

This also raises a question in my mind that if such a husband who does need to satisfy his carnal desire and has been deprived of s*x because his wife does not live with him then he should have every right to satisfy his physical needs and thus let him lead the life of a normal human being.

 

 

Please share your views and also state what the current Indian Laws say about such situations. Please note that what I am looking for here is a way to help this poor husband find a way of living a normal human being life because he has been deprived of s*x by his wife and he cannot contract another marriage until he gets a divorce from his current wife who is only demanding a big amount of money outside the four walls of family court and is crying when she stands inside the court.



Learning

 15 Replies

M.A.T.Ganesan (lawyer civil &family laws)     22 January 2015

It is unlawful to have live in relationship.it is also aground for your wife to deny restitution of conjugal rights.TRY to settle the matter with your life.

Adv k . mahesh (advocate)     22 January 2015

if you go for live in relationship then it will be a point for you wife to contest in the court and even she will demand more amount from you to settle the issue with evidences 

so first try to discuss and sort out the problem and if not use any elderly person to solve this problem and if no way out then for mutual consent divorce which will be in your hands within 89 months of time you will be free 

for money part every thing is negotiable so talk to her for one time settlement with MCD and dont give her the money in first hearing only in second motion only handover the cheque to her in presence of judge only

P.R.KABRA (PROFESSIONAL ACCOUNTANT)     22 January 2015

Live in relationship in your case may go against you.  Family court will impose fat compensation and alimony on you.  

Dev (NA)     22 January 2015

Thanks to both of you Mahesh and Ganesan for your inputs. Your views are helpful.

 

This guy in question is against legal extortion and legal terrorism. This guy will not give any coin to the culprit who has killed the soul of the accused who is in reality the victim.

LegalFighter (test)     24 January 2015

Hi Experts,

 

Wife has deserted husband for 2 years and not even coming to court after husband files RCR.Why shouldnt a husband search for a living relationship?

Wife is not only leaving husband,but also leaving a matrimonial home, trusted in laws, separating a child from its dad and grand parents.If Indian law is not caring/accepting these kind of woman's cruel mentality, whats the significance of law? Which stupid has created such kind of law which pave way for a criminal women to escape and innocent man to be punished?..

Let us know how we can handle this situation with a living relationship or bring a justice out of this situation.

A true lawyer's ethic is not only following or protecting Laws but sometimes breaking laws in order to bring justice out of a critical situation or to save an innocent.

Biswanath Roy (Advocate)     24 January 2015

Urinals and Latrines are two basic need of a human being,so  rules of law and administration of justice cannot deny such need of a human being and cannot create any  barrier to that as it will vitiate natural justice.

T. Kalaiselvan, Advocate (Advocate)     24 January 2015

The feelings and to fulfill the physical needs is also justified. But just because a woman is misusing the law in her favor to avenge her husband and in laws, the law of the country cannot be blamed. Even now there are plenty ow women being exploited every day and the society is still under the popular name called male chauvinism.  So one cannot justify his illegal deeds and acts just because something went wrong in his life or career. The law is common for all, despite such stringent laws, many innocent women in almost all the  parts of the country suffer the humiliations and exploitations in the hands of evil designed and wicked husbands/men, who will undertake to champion their cause?, Neither a politician nor a social worker will be able to stand by the side of a suffering woman to get her reliefs in full, only the law will save them so let us abide by it as a true citizen.

Biswanath Roy (Advocate)     24 January 2015

From the given facts it appears that the author is not blaming Indian Laws but indirectly seeking for some concession under certain circumstances considering natural justice.  I do mention here that natural justice has been incorporated in our Indian Laws but the need of its applicability and necessity under certain circumstances and under certain situation cannot be ignored or overruled  by the judiciary..

Dev (NA)     24 January 2015

Dear Biswanath Roy,

 

 

It seems you have got what the author is trying convey here.

 

Could you please be a little more clear in terms of laws and provisions that the poor husband in question can cite in his plea before a magistrate / judge?

 

I have missed a point in my original post so am mentioning here:

 

While the wife was staying with her husband, she never let him touch her. Let alone marital intercourse. She used to say: "My mother has asked me not to have s*x for 6 months."

Biswanath Roy (Advocate)     24 January 2015

As to my professional experience author has a just and lawful grievance and that can be remedied  by our Constitution and more particularly to weigh the problem in the context of Natural Justice and its applicability to a length .

LegalFighter (test)     25 January 2015

The feelings and to fulfill the physical needs is also justified. But just because a woman is misusing the law in her favor to avenge her husband and in laws, the law of the country cannot be blamed. Even now there are plenty ow women being exploited every day and the society is still under the popular name called male chauvinism.  So one cannot justify his illegal deeds and acts just because something went wrong in his life or career. The law is common for all, despite such stringent laws, many innocent women in almost all the  parts of the country suffer the humiliations and exploitations in the hands of evil designed and wicked husbands/men, who will undertake to champion their cause?, Neither a politician nor a social worker will be able to stand by the side of a suffering woman to get her reliefs in full, only the law will save them so let us abide by it as a true citizen.

 

@Kalaiselvan Sir:-

It doesn't mean since plenty of women  has got exploited, innocent men should suffer by the biased laws. Law should have the option of saving the women undergoing exploitation and punish men who involved exploiting women. Recent judgement of supreme court says 85% of 498a cases filed by women in the past 15 years are proven fake.10% unknown and only 5% are convicted.

 

In the past 15 years, the suicidal rate of married men  are greater than married women. To save a women why should an innocent man be a scapegoat? no  only a convict should be. Here is the gap of finding the convict. Indian Law, by default accepts all men are convicts without any evidences and enquiries(ex:498a)

 

As well almost all the lawyers, judges knows these divorce laws are biased. Why any one from the lawyers society has raised at least voice to change these stringent laws? Is that means only laws should be made/changed in parliament after loosing more innocents? or most lawyers(other than disciplined lawyers) trying to threaten innocent men to make money?

Untouchablility is only not a sin, penalizing an innocent is a greater sin.

 

Moreover s*x is not a illegal deed instead its a basic, natural deed of any human. If wife doesn't comes back after all the reunioin steps including a legal RCR, what should be the way of husbands natural deed? and vice versa....

Biswanath Roy (Advocate)     25 January 2015

Within the present frame work of existing laws and our Indian Constitution  not only the subject  problem but also other maladies creating various some other problems can be remedied. But to avail such scope strategic planning for legal action is needed. I am afraid practitioners of present days have no time to think over such planning besides, their legal knowledge do not empower them to deal with the problem to that extent.

Dev (NA)     25 January 2015

I second to what Mr. Biswanath Roy has expressed. 

 

I, for instance, am a layman and not a lawyer so I don't know what course of actions should be laid out to get the innocent justice and restore their faith in our judicial system. This is the job of a learned lawyer only or whoever is involved to deal with such a situation. 

 

My lawyer is doing his work but to what extent is still not clear to me. I only know that he is there to defend me or to help me. I doubt he will be able to deliver my justice that my soul is craving for.

 

I have personally met some other lawyers in my city and they have all said these two things in common:

 

[1] Get out of this mess. I will have the wrong doer come to a settlement and then you can have a mutual divorce and all your charges will be gone.

[2] As to have the wrong doer punished in the name of justice, leave it all upon God's Shoulders as He will take care of that matter. You should start your life in a new way and forget your hurts and grievances. What is done, is done.

 

Wow! How convincing those statements look and sound!

 

But alas! There is nothing more desirable and appealing to me than JUSTICE which I can't ever find in settlements and in mere getting myself out of the mess.

 

 

LegalFighter (test)     26 January 2015

Thanks Mr.Roy for throwing light over this stringent law and possible ways


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