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Inquisitor (trainee)     12 January 2011

married man live in with unmarried woman

Case is where the man is married to a woman for the past 3 years but after 2-3 months of marriage there were quarrels etc and hence the marriage never sustained and they tried patching up many times but didnt work out and hence they staying separate.

Now my questions are,

Can this married man stay (in a live-in relationship) with an unmarried woman??

Can his 1st wife file any sort of case against her husband?

Can his wife file any case against the unmarried woman?

Can the court force the man to stay with his 1st wife?
 



Learning

 24 Replies

N.K.Assumi (Advocate)     12 January 2011

The spirit of law gives the licence to married man and unmarried woman the  licence to commit adultery or to live in relationship as approved by DVA through the wisdom of the Parliament. The wife can apply to the court for restitution of conjugal rights the twilights of divorce, thereafter she can go for divorce if she can stand that conditions. She can not take any action against the unmarried woman having relationship with her husband and commiting adultery, except stigma attached to her character but somehow live in relationship has rather become a fashion and a matter of pride in today's India, like young boys and girls having competition with several boy friends and girl friends, this is the moral scenario in India. The last question is already answered that is RCR.

2 Like

Sushil Kumar Bhatia (Advocate)     12 January 2011

Ist wife can file a petition u/s 9 of HMA for restitution of conjugal rights,as a matter of fact the plea of adultry can only be taken in divorce petition,Live in relation the second one has no legal right of validation of marriage

Avnish Kaur (Consultant)     12 January 2011

yes she can file false 498a ,406 and 304b against u. be careful and consult a lawyer.try for mcd thru a neutral mediator, if not possible file divorce before she files a criminal case on you.


(Guest)

wow!

FALSE 498A!!!!

IF U HAVE HAVE  EXTRA MARRITAL RELATION THEN WHAT YOUR WIFE WILL DO TO PREVENT YOU  OTHER THAN QUARRELING???

YOU CAN NOT BE CHARGED FOR ADULTERY AS THERE IS NO SUCH PROVISION IN LAW YET!!

SO keep it up!

searce way to escape from maintenance.....who maintains for the old items!!! 

good luck!!!!!!

1 Like

(Guest)

 

SORRY


who maintains  the old items!!! 


Avnish Kaur (Consultant)     13 January 2011

yes false 498a, 498a a criminal law which is meant to protect women from serious offences like harassment for dowry, physical  injury amonting to griveous hurt or forcing to suicide   and not to avenge matrimonial wars created by misadjustment of modern guys and gals.

Inquisitor (trainee)     13 January 2011

1. I dont think adultery can be charged here as the deifintion states that its between 2 married people without the consent of the married person's spuse (also stated by Mr NK Assumi). So I guess adultery is ruled out and can i say affirmatively that the married man and unmarried woman can stay together?

 

2. If the man moves with divorce, then would the court accept that as they stayed together only for 2-3 months after marriage and I guess the law says it has be minimum 1 year of staying togther after marriage, isnt it?

 

3. Law doesnt consider incompatibilities / indifferences as the basis of divorce so on what GROUNDS the divorce can be filed?

 

4. If his wife goes for RCR, then what is this suppose to mean, does that mean court can force the wife and husband to stay together even if they dont like seeing each other's faces. Uff, what an irony to stay with your own enemy?

Avnish Kaur (Consultant)     13 January 2011

1.yes

2. this is not a ground

3.cruelty , dersertion , adultery and by mutual consent

4. court can order rcr but cannot force the two to live together by force.


(Guest)

 

spouse can not be enemy. if you can, try to solve through discussion and start a new begginning.If it does not work ,try for mutual consent divorce.

N.K.Assumi (Advocate)     13 January 2011

nonfeminist, yes its like maintaining a old jalopy.

Inquisitor (trainee)     13 January 2011

nonfeminist, sometimes wife is the worst than an enemey. Enemy I kno is an enemy but wen wife wud turn enemy u never know and that too with legal support wich is more lethal and law gives her full support to screw your life and make it hell in no time.

Arup (UNEMPLOYED)     13 January 2011

" The spirit of law gives the licence to married man and unmarried woman the  licence to commit adultery or to live in relationship as approved by DVA through the wisdom of the Parliament.'

 

- THANKS MR ASSUMI.

IT IS EXACT - AS YOU SAID.

Arup (UNEMPLOYED)     13 January 2011

" nonfeminist, sometimes wife is the worst than an enemey. Enemy I kno is an enemy but wen wife wud turn enemy u never know and that too with legal support wich is more lethal and law gives her full support to screw your life and make it hell in no time."

 

- YOU TOLD IT FROM YOUR PRACTICAL EXPERIENCE.

Arup (UNEMPLOYED)     13 January 2011

Can this married man stay (in a live-in relationship) with an unmarried woman??

- YES, BUT NEVER SOLEMNIZE IT , TILL YOU GET DIVORCE.

Can his 1st wife file any sort of case against her husband?

- YES, BUT NOT U/S 494 OR 497.

Can his wife file any case against the unmarried woman?

- NO

Can the court force the man to stay with his 1st wife?

- AGAINST A RCR COURT CAN ORDER TO STAY, BUT IT IS NOT A COMPULSION, YOU HAVE THE LIBERTY TO IGNORE THE ORDER.


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