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Vishal   18 May 2021

Want to marry with married girl

Good evening sir
Sir muje ek ladki se pyaar he or vo married he but vo mere sath rahena chahti he or uska pati use dhamkata he or sab ko pata he hamare relation ka lekin use family support nahi he to kya vo mere sath live in me rahe sakti he or kya me live in papers banva ke use bhaga k le jaa sakta hu??


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 24 Replies

Arpita Chauhan   18 May 2021

Respected Sir,

No, you cannot live together in a live in relationship or get married until and unless the husband and wife divorce each other and get a divorce decree from a competent Court.

You should know that it would be a crime if a married woman live with another man in a live-in relationship and such man will be considered a criminal under Section 494/495 of Indian Penal Code and will be liable to be punished.

There will be no acceptance of your relationship even legally.

So, you both should solve the issue mutually and discuss it with the husband of the girl and then they both should get divorce.

 I would also suggest you that for more clearance, please consult a lawyer.

I hope I was able to help.

Regards 

Arpita Chauhan

 

faisal pasha   19 May 2021

@arpita i don't think section 495 ipc would be applicable here as this section requires concealment of earlier marriage.
s 494 would be applicable in my opinion.
2 Like

Arpita Chauhan   19 May 2021

Apologies Section 495 cannot be applied in this case.

Regards

 

 

Vishal   19 May 2021

Respected sir/medam

A main issue is that i have take advice from some advocates before some one said you shoul live with that girl in live in relation ship and some should said it is not possible thats why i am confused and if that possible we will run away and after that a girl doing legally procedure and get divorse frome his husband.

 

G.L.N. Prasad (Retired employee.)     19 May 2021

You can expect from this guidance only legal and ethical ways of guidance.  You can not expect support for unethical and immoral ways in leading your life.

1 Like

Vishal   19 May 2021

But sir what is the ethical way a girl is want to live with me but his husband is not giving divorse in any way and a girl has no support from her family than what to do and get tortured by his husband.

G.L.N. Prasad (Retired employee.)     19 May 2021

The proper way is she can apply for divorce and her husband's consent is not required.  Let her get the divorce from such a family court establishing such torture by her husband.  Once she is divorced, she is free to take any step that she feels right.  Husband may not be initiating the divorce, as he may have to give maintenance to her.  Experts advised you to explore through a local advocate the ethical and legal ways for separation.

2 Like

Vishal   19 May 2021

And sir if we run away than what legal actions can be taken by her husband if girl is agree to live with me can you please guide what steps should be taken by her husband and what we have to do and can we do live in in relationship agreement or not?? I am get confused beacause some advocate advise to do that step is it legal or not?? 

faisal pasha   19 May 2021

@vishal whoever told you for a live in relationship is technically correct.
as the only remedy her husband would have had against you was of adultery which is no More an offence acc to SC.
but still there are ways to harras as you would be the one doing something immoral and he is going to play victim.
So its better the way it should be done instead of twisting the laws.

Vishal   19 May 2021

@faisal sir if a live in relation ship is techanically correct than can we run away and after that we both tried to get divorse from her husband beacause her husband is not giving divorse and torture her and her family too thats why i am in trouble the girl is unable to get divorsed alone can you guide me what to do??

And if we do live in relation without divorse is valid or not valid in court?

P. Venu (Advocate)     19 May 2021

The only legal remedy is in the girl getting divorce and subsequent marriage.

Vishal   19 May 2021

Live in relation is not legal in court??

And if i ran away which action her husband will be take legally??

P. Venu (Advocate)     19 May 2021

It appears that you are too immature! Anyhow, you are in the wrong platform.

1 Like

Adv. Sagar Verma (Lawyer)     19 May 2021

There is no restriction on consenting adult to stay in a live-in relationship as per Hon'ble Supreme Court of India but the problem that you have mentioned is that the girl is married. Adultery is not a criminal offence as well, but legally her marriage should be dissolved by obtaining divorce decree, then after 90 days, you can decide about marrying or to stay in live-in relationship peacefully.

Adv. Sagar Verma
Bombay High Court
advsagarverma.official@gmail.com

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