Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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venkata Peddi (It consultant)     24 May 2012

Living relation without divorce

Hi,

I am Balaram, living in UK now. Married 5 years back (Love Marriage), separated in months due to complete missunderstanding. Also the quarrel between me and my wife went peak. 

So I thought it is better to separate because it will harm both, later I tried to convince the problems before coming UK, but she was not convinced. 

I have been in UK for morethan two years, l came to know she filed a maintainance case once she left me. It is still in progress, as many people suggested to try to call her back. I have called a number of times but nver she was ready to come back and at the same time she is not ready to give divorce. After observing her attitued I felt theough she come back she wont hesitate to damage physically or mentally.

So I was thinking going for a living relation with any lady who beleives me. Can any one suggest what is the process from the same. Is living relatio is leagal without divorce in India.

 

Regards,

Ram

 

 



Learning

 20 Replies

Nitish Banka (lawyer)     24 May 2012

Hi Ram

No its not legal and your wife can file a case of adultry and it can go against you.

venkata Peddi (It consultant)     24 May 2012

It means I can't live with any girl without marraige and relation. Like a house keeping girl.

Nitish Banka (lawyer)     24 May 2012

yes,she can sue you for adultry.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 May 2012

Dear Querist,

You living with a lady in a live in relationship is not illegal. You are not liable for adultery at all. However your wife can use the same as ground for divorce, and also try implicating you in 498A/406 etc and level false dowry allegations. 


Feel free to talk !

venkata Peddi (It consultant)     25 May 2012

Dear Bharat,

She already filed Maintainance case and it is still going on. As we are not living at same countried for more than 3 years, is it possible for her to file dowry case or 498A/406 etc on me.

As mine is a love marraige we never had discussion about Dowry. I have already mentioned her that we can take divorce as we both have worest days, like abusing, scolding and beating each other. I alredy met with an accident where she hitted my right leg when i was sleeping and went for a operation when i was in India. Still there is no change in her attitude.

As her sister already took divorce adn not married, she felt that it will be difficult for her to get another marraige after divorce she is refusing to take divorce. 

I am ready to pay some amount and get separate with her, as it is hell for both us to live to gather. Please advice me and I will call you tomorrow your morning time. Trust me sir.. I am not a lier, but I have fear and helpless.

Thanks,

Balaram

Tajobsindia (Senior Partner )     25 May 2012

@ Author,


1.
You are most of your life living in UK - right/wrong!
2. You have a deserted Indian legally wedded wife - right/wrong!
3. Your wife has only filed a case of maint. all these years - right/wrong!
4. She does not want divorce from you - social reasons - right/wrong!
5. Alternatively make one more pressing request to your legal wedded wife with generous alimony to secretly opt for Mutual Consent Divorce where as per current law of the land only two visits to Court is required in 6 months gap period from the date of filling such joint mutual consent divorce petition in India – society of her may not need to know about such divorce for some time till they are ready to accept this grand separation phase their daughter is myriad to  Reasonable proposition in current stalemate situation one may say + keep trying even during live-in this last resort option on and off!!!!
6. You living with a lady in a live-in relationship is not illegal in
India and even as per UK standards also not illegal - right/wrong!
7. You keep paying maint. as well as some extra generous amount to your legally wedded wife till the Hindu relationship remains static from cradle to grave. – Assumingly
8. With this live-in partner never marry her as in religious and or registered way till your grave - Law point.
9. With this live-in partner never produce self DNA child till your grave - law point.
10. You may sometime want a child from your live-in partner go for sperm donor way at
Bourn Hall Clinic's associated Cochin Center - suggestion!
11. When you come to India for VFOF never bring this live-in partner with you. -
suggestion!


[PERIOD]


The moment you mix your live-in partner with society that you keep all above probably may go for a toss if your legal wedded wife gets a wind of it then Adv. Bharat's rest of advise sentence may happen.


Now where is the issue if all above being followed in more or less suggested sequence which may sound diplomatic reply to many a readers but tell what abruptly is the way out in such stalemate situations – SUICIDE (is
Thames water pure enough to accept an Indian wandering soul!)......... 

1 Like

bhima balla (none)     25 May 2012

Tajobsji -once again good suggestions under the context of nefarious laws in the country.Unfortunately author seems to suffer from-I am good and so nothing will happen to me, as people will know I am good instantly when they see me syndrome. Dear Sir, it doesn't matter if you are good or bad. You will be treated the same as the worst criminal and a terrorist once your wife begins the 498a, DP and DV process!!!Then you will have to run the course -whcih is long and treacherous!

Bad things happen to good people!!!

nri_male (S/W Engineer)     25 May 2012

@TajobsIndia

 

In continuation with the same question, what is the risk of remarrying in US after a valid US divorce while wife refuses to give divorce in India ? Marriage of course is through Hindu law. Assuming that she files Bigamy in India, gets me convicted and given the fact that India-US extradition treaty covers Bigamy as one of the valid offenses, do I have the risk of facing extradition to India ? 

US-India Extradition treaty does mention the crime should be recognized as a crime in both countries for extradition to proceed. Would the fact that I have not done anything illegal in US defend me ?

Passport in my case is a non-issue because my status in US is not dependent on Indian passport. 

RAM (engg)     25 May 2012

whether she can get maintence without giving divorce

MADURAI LAWYER (LEGAL CONSULTANT)     25 May 2012

Dear Sir,

Your Question : Is living relation  legal without divorce in India?.

No. It in the event of your living with some other lady in India without divorcing your first wife, you will be prosecuted for the offence of adultery under Section 497 of I.P.C.

 

https://jeevaganadvocate.com/contact.php

 

sri (ceo)     25 May 2012

you have responsibilities of a wedded wife... like maintenance; alimony etc... indian judicial ensures you pay something so she does not become destitute... another word for prostitute... or live ins...

nowadays live in is accepted and adultery ignored... or snored...

you can do whatever you want until you are dragged in court...

harassments like 498a 406 302 etc... all used for money...

all this because you are not giving her money... and she is jealous of your money...

PERIOD !!!!!!!!!!!!!!!!!

 

1 Like

venkata Peddi (It consultant)     25 May 2012

 

1. You are most of your life living in UK - right/wrong!
I am here frm past three years
2. You have a deserted Indian legally wedded wife - right/wrong!
marraige is legally registered
3. Your wife has only filed a case of maint. all these years - right/wrong!
yes, she filed only maintainance case
4. She does not want divorce from you - social reasons - right/wrong!
That what I believe. Because initially she is only asked divorce and now she don't want. 
5. Alternatively make one more pressing request to your legal wedded wife with generous alimony to secretly opt for Mutual Consent Divorce where as per current law of the land only two visits to Court is required in 6 months gap period from the date of filling such joint mutual consent divorce petition in India – society of her may not need to know about such divorce for some time till they are ready to accept this grand separation phase their daughter is myriad to  – Reasonable proposition in current stalemate situation one may say + keep trying even during live-in this last resort option on and off!!!!
I have requested multiple times, but she rejected and commanding me to bring her back in my life without taking our case back.
6. You living with a lady in a live-in relationship is not illegal in India and even as per UK standards also not illegal - right/wrong!
It is not illegal
7. You keep paying maint. as well as some extra generous amount to your legally wedded wife till the Hindu relationship remains static from cradle to grave. – Assumingly
Nt started paying Maintainance, as per my understanding she want to take revenge on me. S won't show any sympathi.
8. With this live-in partner never marry her as in religious and or registered way till your grave - Law point. 
As of now I am trying to get divorce from her, than marry another, but my first wife is rejecting to give divorce I have to look alternatives in future.
9. With this live-in partner never produce self DNA child till your grave - law point. 
sure
10. You may sometime want a child from your live-in partner go for sperm donor way at Bourn Hall Clinic's associated Cochin Center - suggestion!
11. When you come to India for VFOF never bring this live-in partner with you. -

venkata Peddi (It consultant)     25 May 2012

Hi Sri,

I have already mentioned her that I will give her money at one time settellement, if she accept divorce. But after telling this she came back to me saying that she want to live with me without taking back maintainance case.

Regards,

Venkat P

venkata Peddi (It consultant)     25 May 2012

Dear Jeevagan,

I have received different responces from Different people and I have say specail thanks to every one and you too.

But some people mentioned that it is not illegal, some people mentioned it is illegal. I am confused is there two different law for same case or it varies based how you deal the case. My apology if I am asking more questions.

 

Regards,

Balaram


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