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Woman threatening our family by having affair with dad

Page no : 2

priya (student)     23 May 2011

ya he's maintaining her in a remnted house n there's no evidence of threat but she threatens him...i mean v diont know in wat way she cn abuse ..thts y v dint do nethng...v dont knw law..police themself said wat if she cud do against ur father,,then??? dts y v r nt doin it again...bt v wanna knw

Tajobsindia (Senior Partner )     24 May 2011

@ Author

1.
Your query has missing links. i.e. what does your father wants !


2. Ask your mother to re-open the previous police complain and also ask your mother to file for maint. for herself and if you are unmarrried then seek maint. for yourself along with marriage expenses and share in property from your father.


That is the only way to cut two birds with one word called "RIGHTS" by women against a women.

Ambika (NA)     24 May 2011

Hi Priya

As regards your worries and anxieties  about your would be married life, I would suggest not to hide anything from your would be husband. These things find their way into one's life and if your would be husband would hear some rumours about your father post marriage, it may affect your marital life adversly. If after you have made everything clear about your father, the man backs out, you should consider that an impending calamity in your life is avoided. It is better to wait for a right man who can take the mess your father has created, in your and your mother's life, in right perspective. With not having any skelton in your cupboard, you will be able to lead a married life free of embarassment and fear.

1 Like

Suchitra. S (Advocate)     24 May 2011

Priya, I agree with Tajobsindia regarding what you and your mother can do.

That other woman is endowed with a weapon called Domestic Violence Act. According to the Act, he can claim all the remedies under the Act, though she is not legally married to your father. For whatever reasons, your father is living with her for considerable amount of time and he cannot deny that fact now. 

Since it is a live in relationship, your mother cannot file a bigamy case against the other woman. 

I agree with Ambika ji regarding managing your marital life in your interest. 

1 Like

Ambika (NA)     24 May 2011

 

Dear Suchitra ji

This relationship may not be categorised under Live in relationship in accordance with the parameters SC has set down . Please refer to the news clip below. Please refer to point number 3. The SC in the judgement had clearly indicated that these parameters would exclude certian women from the benefits of domestic violence Act .

I remember the full judgement being posted in the family forum, but am notable to retreive it due to lack of time.

Please correct me if you think otherwise in view of these parameters, especially point no. 3

SC lays down parameters for live-in partner's maintenance

PTIOct 21, 2010, 01.24pm IST

NEW DELHI: A woman in a live-in relationship is not entitled to maintenance unless she fulfils certain parameters, the Supreme Court held today while observing that merely spending weekends together or a one night stand would not make it a domestic relationship.

A bench comprising Justices Markandey Katju and T S Thakur said that in order to get maintenance, a woman, even if not married, has to fulfil the following four requirements:

(1) The couple must hold themselves out to society as being akin to spouses, (2) they must be of legal age to marry, (3) they must be otherwise qualified to enter into a legal marriage including being unmarried, (4) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

2 Like

Roshni B.. (For justice and dignity)     24 May 2011

Good observation ambika..

 

i think point no. 1 will also apply.they did the affair secretly.they did not hold out themselves as SPOUSES in the eyes of the society.

Suchitra. S (Advocate)     24 May 2011

Yes, Ambika ji, you are right in analysing the  judges view regarding live in relationship. But as far as DV is concerned it makes no bar for a woman to claim the remedies available under the Act . Well, I have to apologise here for not able to give you the case laws wherein SC has granted maintenance in live in relationship wherein the man was married to another woman and having live in relationship with the aggrieved woman.  The only criteria Courts considered there was the duration of live in relationship. If they have lived together for sufficent period of time then she is eligible for maintenance. This is the standard of proof in awarding maitnenance in cases of live in relationships even in western countries.  

I will try to give you the case laws in case I find some time in between my studies.. :)


(Guest)

@Priya

 

Why the father has to give 50000/- rupees? Is there any relationship? (Check your father is with his clean hands) If he continues this illegal relationship, sometimes he may be threatened for rape. Your father can file criminal offences just like Extortion, defamation etc.

Ø  That lady is the deciding factor -Main factor(and now fear facor) your father

 

She is treated as CONCUBINE; she can’t file any criminal case. But as mentioned if your father have any relationship she can file a complaint such as rape  etc.

 

And just read the parameters given by ambikaji. And if she is not living together then she can’t claim maintenance.

 

And just read these judgments posted by me; after reading this you and your advocate get an idea what should do in this matter.

https://www.lawyersclubindia.com/forum/Woman-not-lawfully-married-No-maintenance-25950.asp

https://www.lawyersclubindia.com/forum/SC-clarifies-live-in-relationship-26064.asp

In Savitaben Somabhat Bhatiya vs. State of Gujarat and others, AIR 2005 SC 1809, this Court held that however desirable it may be to take note of the plight of an unfortunate woman, who unwittingly enters into wedlock with a married man, there is no scope to include a woman not lawfully married within the expression of `wife'.

 

Domestic Violence act,2005

"aggrieved person" means any woman who is, or
has been, in a domestic relationship with the respondent
and who alleges to have been subjected to any act of
domestic violence by the respondent"


"domestic relationship" means a relationship
between two persons who live or have, at any point of
time, lived together in a shared household, when they are
related by consanguinity, marriage, or through a
relationship in the nature of marriage, adoption or are
family members living together as a joint family"


"shared household" means a household where the
person aggrieved lives or at any stage has lived in a
domestic relationship either singly or along with the
respondent and includes such a household whether
owned or tenanted either jointly by the aggrieved person
and the respondent, or owned or tenanted by either of
them in respect of which either the aggrieved person or
the respondent or both jointly or singly have any right,
title, interest or equity and includes such a household
which may belong to the joint family of which the
respondent is a member, irrespective of whether the
respondent or the aggrieved person has any right, title or
interest in the shared household."


Having noted the relevant provisions in The Protection of Women from Domestic Violence Act, 2005, we may point out that the expression `domestic relationship' includes not only the relationship of marriage but also a relationship `in the nature of marriage'. The question, therefore,arises as to what is the meaning of the expression `a relationship in the nature of marriage'. Unfortunately this expression has not been defined in the Act. Since there is no direct decision of this Court on the interpretation of this expression we think it necessary to interpret it because a large number of cases will be coming up before the Courts in our country on this point,and hence an authoritative decision is required.


It seems to us that in the aforesaid Act of 2005 Parliament has taken notice of a new social phenomenon which has emerged in our country known as live-in relationship. This new relationship is still rare in our country, and is sometimes found in big urban cities in India, but it is very common in North America and Europe.

 

In Taylor vs. Fields (1986) 224 Cal. Rpr. 186 the facts were that the plaintiff Taylor had a relationship with a married man Leo. After Leo died Taylor sued his widow alleging breach of an implied agreement to take care of Taylor financially and she claimed maintenance from the estate of Leo.The Court of Appeals in California held that the relationship alleged by Taylor was nothing more than that of a married man and his mistress. It was held that the alleged contract rested on meretricious consideration and hence was invalid and unenforceable. The Court of Appeals relied on the fact that Taylor did not live together with Leo but only occasionally spent weekends with him. There was no sign of a stable and significant cohabitation between the two.

 

Relationship in the nature of marriage' is akin to a common law marriage. Common law marriages require that although notbeing formally married :-

 

 

(a) The couple must hold themselves out to society as being

 

akin to spouses.

 

(b) They must be of legal age to marry.

(c) They must be otherwise qualified to enter into a legal marriage, including being unmarried.

(d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a Significant period of time.

 

To get such benefit under Dv act the above conditions mentioned by us above must be satisfied. However, Indian society is changing, and this change has been reflected and recognized by Parliament by enacting The Protection of Women from Domestic Violence Act, 2005.

 

No doubt the view we are taking would exclude many women who have had a live in relationship from the benefit of the 2005 Act, but then it is not for this Court to legislate or amend the law. Parliament has used the expression `relationship in the nature of marriage' and not `live in relationship'.

 

Generally, Judge sees on the question whether the appellant and respondent had lived together for a reasonably long period of time in a relationship which was in the nature of marriage

 

Now, tell me what‘s your father intention? Does she send any notice to your father? Just ask and post in this thread.

 

Arup (UNEMPLOYED)     24 May 2011

 

 

 

priya :

https://www.lawyersclubindia.com/experts/Woman-threatening-our-family-by-having-affair-with-dad-192421.asp pleasae consider my grief..a wicked woman is treachering our family...

https://www.lawyersclubindia.com/experts/Woman-threatening-our-family-by-having-affair-with-dad-192421.asp

 

Sorry to say that your father is drama baz, and he & the other woman is playing with you and your mother. Though it is my guess but the base is one of my friends, who do the same drama that - under the pressure of his other woman he compel to keep that woman with maintenance and residence. It is about 15 years and the same burden he is bearing till today.

Till your father supports that woman, she will not leave your family, as you expected. Perhaps your mother’s leniency encourages your father- to make her wife fool. May I correct to say that, your father still staying with her together?

 

Anyhow, You do not have any locus standi to interfere into your parent’s affair. But you can claim the share of your’s own, as suggested by mr tajobs.

1 Like

Roshni B.. (For justice and dignity)     24 May 2011

Arup has a point.

 

Maybe your dad pretends that this woman forces him to live with her.kindly check that.he may not be as innocent as he seems to be.or maybe our guess is wrong.

Arup (UNEMPLOYED)     24 May 2011

it is at present not under considaretion that, whether the said relationship between the said father and that woman is live in or not?

bring your father from the grip of that woman. forget about maintenance and all other things.

this is the first job.


(Guest)

Is it a valid live-in relation when the father is married??I read in this site that to claim maintenance in a live in relation both party should be unmarried.

1 Like

(Guest)

Arup: From what I can guess, the woman has started threatening because the father is now not interested in the relationship, for whatever reason. Since the querant Priya cannot control her father's behavior, it doesn't make sense to ask her to make her father stop visiting the other woman. If she fails to dissuade her father, she will harbour misplaced guilt. It's not her fault, but I'm amused when the "other woman" is blamed for everything.
Truly, ignorance is bliss. Until they didn't know, they were a happy family with a wonderful daddy. Now they know, but still trying to deny that they never really had a happy family. It was pure deception. At least now face the reality and ask your father to come clean about all aspects of his relationship.

Arup (UNEMPLOYED)     24 May 2011

father is now not interested in the relationship    ---    where from you got this point?

 

Priya cannot control her father's behavior,   ---   if it is true, father visiting 2nd regularly.


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