Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Want to marry with married girl

Page no : 2

T. Kalaiselvan, Advocate (Advocate)     20 May 2021

It is not illegal to be in a live-in relationship with a woman of your choice provided he too has the same desire to live with you, irrespective of the fact that she is a married or unmarried woman.

In another landmark case filed by actor S Khushboo, the Supreme Court had said live-in relationships are permissible and the act of two adults living together cannot be considered illegal or unlawful

While it is true that the mainstream view in our society is that s*xual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in s*xual relations outside the marital setting, with the exception of `adultery’ as defined under Section 497 IPC, it said.

Notions of social morality are inherently subjective and the criminal law cannot be used as a means to unduly interfere with the domain of personal autonomy. Morality and criminality are not co-extensive, the court said.

In 2013, the top court in Indra Sarma vs V K V Sarma said, Live-in or marriage-like relationship is neither a crime nor a sin though socially unacceptable in this country.

A long-standing relationship as a concubine, though not a relationship in the nature of a marriage, of course, may at times, deserve protection because that woman might not be financially independent, it added.

In view of the above contents, in my opinion there is nothing wrong in you choosing a partner of your choice be it a married or unmarried woman as long as you do not compel her or coerce her into this kind of relationship.

Live-in relationships, though not socially accepted in India, do not amount to any offence under law, the Allahabad High Court recently ruled reaffirming that two consenting adults are at liberty to live together and no person would be permitted to interfere in their peaceful living 

You may make sure that you do not marry her without she getting divorced from her previous marriage

 

Vishal   20 May 2021

Thank you sir thanks a lot for providing this kind of useful information.

Dr J C Vashista (Advocate)     20 May 2021

Well analysed and advised by experts, I fully agree and appreciate.

Although legally it is not a crime for live-in relation yet Indian society has deprecated the sin.

Why are you bent upon to ruin married life of the lady for an immoral action on your part ?

However, if she (lady) feels strong to live with you, she must divorce her husband before maintaining relation with you.

@ Vishal,

 Is it really your own story or some academic topic for debate ?

Vishal   20 May 2021

No sir it is really my own story and sir a matter is that a girl has no support from her family thats why we have to take some wrong decision because if she files a divorse but she have to live her father's house while divorse is not happen and get tortured by family and her husband too that is the main issue.

sneha jaiswal   20 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
First, try to settle amicably with her husband if he agrees to the mutual divorce, then after a divorce you can remarry with her and live together. But, without divorce, you cannot live with the girl because she is already married to someone else. It is a crime, if a married woman lives with another man except her husband, then the action can be taken against you under Section 497 of the IPC or if she marries another man during the lifetime of his husband then she will be liable under Section 494 of the IPC. 
For Better Guidance, please consult a lawyer.

Hope it helps
Regards,
Sneha Jaiswal
 

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     20 May 2021

(IPC) S. 498. Enticing or taking away or detaining with criminal intent a married woman.

498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

1 Like

Sudhir Kumar, Advocate (Advocate)     20 May 2021

By now this is sufficient for the queriest to know that this forum doe snot teach how to do illegal /immoral acts

1 Like

Ashish Davessar (Advocate)     22 May 2021

Not possible unless that girl obtains a decree of divorce from the competent court. This does not, however, stop you from living with that girl.

sneha jaiswal   23 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
First, try to settle amicably with her husband if he agrees to the mutual divorce, then after a divorce, you can remarry with her and live together. But, without divorce, you cannot live with the girl because she is already married to someone else. It is a crime, if a married woman lives with another man except for her husband, then the action can be taken against you under Section 497 of the IPC or if she marries another man during the lifetime of his husband then she will be liable under Section 494 of the IPC.  
For Better Guidance, please consult a lawyer.
Hope it helps
Regards,
Sneha Jaiswal
 

Isaac Gabriel (Advocate)     24 May 2021

In this process, you have exhausted all possibilities to gather separation legally. Now you can take your own decision ie MIGHT IS RIGHT.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register