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living relationship validity

Page no : 4

Bhartiya No. 1 (Nationalist)     15 October 2010



Just check whether the following news article may help u,


Married woman can live with her lover, says court

K.S. Tomar
Jaipur, April 18, 2007

CAN A married woman lawfully live with her lover against the will of her husband? The Rajasthan High Court says yes. In a judgment on Wednesday, 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 G.S. Mishra and K.C. 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.
(With inputs from Satya Prakash and Sutirtho Patranobis in New Delhi)



Sathyan A.R. ( Advocate practising tax advisor)     21 October 2010

Helo friedns,

i am in agreement of  the view of Adv.Suchitra on the issue pertaining to Living Relation ship. Culture is not static as law is also not static. The conept of an earlier era pave way for new era. The dress code too change. so Why not conept of relatlion of men and women.

But the institute of marriage is a body of embodiment of a cumulative aspirtion not restricted to physical intimacy. It has a roll of mother,wife,mentor, care taken,. The old adage is the home is made not built.

But in living relation ship such laudabler cultural seeds are missing obviously.Exploitation of the weaker s*x the women, has been practices time immemorial and it a curse to the society as that caste discrimination.

Therefore women who fall prey to the exploitation of unethical men and remain concubines or exploited as live in relation need to be protected and their minimum living needs are to be taken care of.. A care full and indepth reading of sub secton (3)of Article 15 of Cof I. and also Art 39 (1) directive principle, will lead to the conclusion that our founding fathers have to vison to anticipate such situation and there fore provided for these provisons.


1 Like

Sanju (boss)     23 October 2010

My brother got divorced and his wife appealed against the judgement in the high court.The case has been admitted and the stay forbidding my brother to marry again has been granted.The case is pending in the high court.My brother has been living separately since last 11 years.Now he is involved with a girl and who is legally divorced.They have decided to marry without any evidence(only pheras without any proof).My question is:

1.Can his first wife take any action against him if he starts living with this lady.Is it illegal for this lady to stay with my brother when the appeal case is pending

2.Without the marriage being registered or without a proof of being married,can the lady ,in future if their relationship does not work,harm my brother and to what effect?

3.If out of this relationship,a child is born,how will it effect his pending case.I mean.can the first wife take any action if the child is born from the the relationship.


please advice..



Arup (UNEMPLOYED)     24 October 2010


Krishnamohan (Consultatnt)     16 August 2011

How does one prove that a woman and man are in liv-in relation ship, unless they declare so?

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