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gaurav pathak (Advocate)     09 October 2009

Whats the solution for this problem ...

a man cohabitating with a female for the last 3 years, they are not married and have a child born to them whose name has been registered and whose birth certificate shows the name of the couple as mother and father of the child. they are living and representing themselves as husband - wife in the society. Now The man comes to know that the female is already married and having two children and her divorce petition against the previous husband has been dismissed.
Aggrived by the lie man stops cohabitation with the female and keeps the child with him. now what would be the status of this relationship and what actions can he initiate against that female ?


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 3 Replies


(Guest)

You can not initiate any against female. With her consent he lived with her. They did not marry. If she marries you can initiate against her.

Dharmesh Manjeshwar (Advocate/Lawyer)     09 October 2009

I do not think our IPC or any other criminal act has a punishing section for such a breach committed by a female .... Had it been a man ...... he would have definitely to face the law ..... This has been a symbiotic relationship .... where both lived together with mutual consent without marrying .....  I am also of the opinion that no action cab be initiated against the women ..... it's sad but true ...... let's get some more opinions .......

 

AMIT TANEJA (LAWYER)     09 October 2009

when wife is having a relation without any force but with her due consent she can't be draged in court on the account that she is a married woman

on the contary husband could be liable if he does the same

 


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