Live in, without divorcing husband


Can a girl leave her husband and start living with other man without taking divorce from first.

Please note, there is no proof of any second marriage taking place, as the husband is not ready to part legally.

 
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I think yes, becoz it is a basic human right, right to live with whom ever u like with mutual concent.

 
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It is adultery.  The husband is entitled to raise a criminal case against the man with whom she is staying.  If the husband has got grievance against her, the remedy against her is only to file divorce on the ground of adultery and I think, that is what she wants.

 
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LEGAL COUNSEL

 I agree with the views of Adv.prabhakar

vasudevan

 
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If the husband does not file for divorce, and files criminal case against the man, for living with his wife.  what will be the consequence? As the husband only intends to ruin the girl's life.

 
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She can't live with some other man without taking divorce from first one. If she lives first one can file a criminal case against the second person under adultry ground. In this situation she is safe but second person will face the criminal proceedings...

 
 
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Advocate

That section 497 IPC should be scrapped from the statue book as it is discriminatory to the male tribes, and can be misused even by the couples.

 
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Advocate

Gunjan ji,  if a girl lives with a man before her marriage to anybody, it is called live in relation and it is not an offence.Whereas if a woman leaves her husband to live with other man, it becomes "adulty", which is an offence.

An offence is always punishable in law, and so, her husband can file a case against the other man who lives with his wife and the other man will be punished. There is no punishment for the woman under s. 497 IPC.

 

 

 
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advocate

 Well the following news article may help u:-

Rajasthan High Court says yes. 

The court allowed a married woman, Manju, to live with her lover, Suresh. “It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay,” said justices GS Mishra and KC Sharma. The court also said that nobody should consider an adult woman as a consumer product. 

While dismissing a habeas corpus petition filed by Manju’s husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce. 

Commenting on the judgment, senior Supreme Court advocate and noted women’s rights activist Indira Jaising said, “Though it sounds strange, I am in complete agreement with the high court.” 

"At the end of the day an adult woman has a right to decide whom she wants to live with. She can’t be forced to go with her husband against her will," Jaising said. 

In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manju’s husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing. 

Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law. As for the other man, she said, “it seems he is ready to face that”. National Commission for Women Chairperson Girija Vyas said that although it seemed like an important judgment, she could not comment on it since she had not seen it yet.

Manoj Chaudhry, the counsel for Manju and Suresh, had earlier rejected as baseless the allegations that Manju had been kept in illegal confinement by Suresh. 

He said that the duo had been living together by their free will and that the relationship had begun even before Manju had got married.


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Lawyer

wife or women is not a cattle she too has feelings its her sweet will to live as per her wish

no man can inflict his desire upon women even if she is his wife

regarding adultry its very diffiult to prove even if the husband files complaint lsser chances

unless there is direct evidence

 


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