Living with another person without divorce


Its very hard to go to this thought but we have no options but  to go for this,

My cousin sister got married before 2 years and 10 months back(exact date - May 2014).Her husband got into jail immediately after 1 month of marriage in the case of 498a , 307 due to her husband's brother's wife tried committing sucide.They are under trial for almost 2 years and 9 months now and no hope of their acquital or getting bail. We tried to take MCD but they did not agree then we approach to lawyer for lawer but there is no ground on which we can take divorce in such case.

Now my question is - if she simply starts living with some other person(whom we know personally whose wife is already died ), it will not be an offical marriaage but a kind of live in. What will happend when my cousin sister's husband will try to take legel action agaisnt them and how can we handle this ?

 

 
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Bangalore

Originally posted by : dns
Its very hard to go to this thought but we have no options but  to go for this,

My cousin sister got married before 2 years and 10 months back(exact date - May 2014).Her husband got into jail immediately after 1 month of marriage in the case of 498a , 307 due to her husband's brother's wife tried committing sucide.They are under trial for almost 2 years and 9 months now and no hope of their acquital or getting bail. We tried to take MCD but they did not agree then we approach to lawyer for lawer but there is no ground on which we can take divorce in such case.

Now my question is - if she simply starts living with some other person(whom we know personally whose wife is already died ), it will not be an offical marriaage but a kind of live in. What will happend when my cousin sister's husband will try to take legel action agaisnt them and how can we handle this ?

 

It is legally wrong.  It will attract adultery under IPC 497, fake marriage will again attract 494, 493 IPC.  Why risk so much.  Simply take mutual divorce and marry legally with all pomp and show.

 
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FIN

Pursue for MCD.

 
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Hi before divorce  she can not live with another person if her husband want to take legal action he can do this and take legal action person which one live with your cousin sister 

here best way as Kumar sir advice you persue to him for MCD or you file for divorce case in court if he can not agree on this matter but she could not live with another person without marriage if she doing same its  not valid and her marriage no ground in law 

 

 
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Disagree with Helping Hand. 493 and 494 do not apply if she lives with other man without marriage and having full understanding that she is not married to him. Only 497 applies against the other man. It only applies if her husband pursues this matter. Also to prove 497 husband will need to prove s*xual relationship, just living together will not attract 497. It is quite hard to prove 497. Usually conviction does not happen if the wife refuses to appear as witness. There is little risk but if you have no other option then it is not huge problem. Of course MCD is best option but queryist has made clear that the husband is not agreeing. Why will he agree? He is in jail and has no reason to compromise with you.
 
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Freedom

As the saying goes "Marriages are made in heaven and as the oath taken during marriage for better or for worse till death do us apart" Patience peservence are the attributes to a happy married life .

Even if its a live in relationship it will attract IPC 497 since once they are going to get into a relationship its but natural they are going to have s*x . This will lead to a new born life a child. If no child than they are safe .But would they be happy without a child is a question to be pondered upon  . When a case is filed against youll and the child is sent for a DNA test it will be proved that the child belongs to them and all this attaracts section IPC 493 and section 497 .

 

 

 
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493 only applies if the man deceives the woman to live together with her. Complainant has to be the woman to attract 493 - her husband cannot pursue such case. As for 497, even if there is a child the husband cannot force child to take DNA test, nor can he force his wife to testify. He can only file case on the live-in partner and will need to produce all evidence to support his case on his own without any assistance from his wife. It is very difficult to prove anything if he cannot get any material from his wife or her child on case record. Try to find convictions under IPC 497. Very rare and getting more and more unlikely as courts find newer and newer excuses to not enforce this section.
 
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Thanks all  for quick suggestions and discusion around this. I want to take in little more details,

Assume that my sister's husband file Adultery case on her live-in partner and somehow he proves it. What is the max  punishment for 497 and will it happen in family court or regular court(if regular court , can we take it to high court then supreme court and then we stretch it for years(max how many years).

P.s. - Please do not just console me, if any adverse is there just highlight it. I am ok in accepting harsh words as well but do not want to fall again in same situation where we have to see her life ruined.

Please forgive me if i have used any unnecessary word here and provide your valuable suggestion.

 
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Freedom

Section 497 in The Indian Penal Code
497. Adultery.—Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
 
All sections are in Favour of Women . These are gender Biased laws in india . Even in IPC 497 only the man is perscuted . 
 
Domestic violence case too is in favour of Women .
 
The court can send the child for a DNA test to conclude the case .
 
 
 
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FIN

A similar query has been discussed at:

http://www.lawyersclubindia.com/forum/Divorce-if-spouse-is-improsoned-119756.asp

 

 
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