Nandha (NIL) 19 November 2012

Child out of 'live-in' relationship??

Background:

Husband & wife separated for more than 1 year. They have 2 year old kid. Wife is not ready to join nor give divorce to husband.

Husband found a girl who is ready to live with him without legal status of a wife.

Query:

1) How the separated wife can reveal that the husband has married a girl when there is no legal documents for that marriage?

2) Since the girl is a close relative of the husband, will her stay with the husband & his family be legally questioned by the separated wife?

3) Can the husband donate his sperms to this girl? will this amount to adultry? Can the separated wife raise objection to this? Is it mandatory before Law that the girl should be married to bear a child through sperm donation?

4) After the child birth, can the husband adopt the girl's child without the consent of the separated wife?

5) If at all the separated wife proves that the husband is in 'live-in' relationship with the girl, what legal punishment does the husband and the girl get?

6)Will the law restrict the husband to maintain his illegitimate child as a parent?? or, is it necessary for the husband to adopt the child to be a legal parent? in such case, can the child be adopt without the consent of the separated wife??

Experts advise, pls.

Nanda

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7 Replies

stanley (Freedom) 19 November 2012

Originally posted by : Nandha

Background:
Husband & wife separated for more than 1 year. They have 2 year old kid. Wife is not ready to join nor give divorce to husband. Husband found a girl who is ready to live with him without legal status of a wife.

Foreground.....Foresight ...... lights....... sound ..........music on .As stated girl is ready to live without legal status of a wife with reproduction or without reproduction . If its with reproduction than wife can file a case of Adultery u/s 497 of IPC

Query:

1) How the separated wife can reveal that the husband has married a girl when there is no legal documents for that marriage?

U/s 497 of IPC that is adultery they lived togather satyed togather at a certain place and time and where in a compromising position and witness would be the neighbours and if at all a child is born out of wedlock than a DNA test on the child would reval their relationship

2) Since the girl is a close relative of the husband, will her stay with the husband & his family be legally questioned by the separated wife?

surely why not ? and do you feel society is blind

I presume that the consent of the wife prior to divorce would be required but after divorce the husband can donate his sperm without the consent of the wife

4) After the child birth, can the husband adopt the girl's child without the consent of the separated wife?

Consent of the wife would be required prior to divorce but not after divorce

5) If at all the separated wife proves that the husband is in 'live-in' relationship with the girl, what legal punishment does the husband and the girl get?

The girl goes scott free whereas the husband has to serve time in prision if convicted of the offence of adultery

6)Will the law restrict the husband to maintain his illegitimate child as a parent?? or, is it necessary for the husband to adopt the child to be a legal parent? in such case, can the child be adopt without the consent of the separated wife??

The law will infact allow the husband to maintain his illegimate child as per section 125 of crpc operning clause . your 6 th point is a bit fishy are you the girl who wants to get into a live in relation ship

Experts advise, pls.

Nanda

Amit (NA) 19 November 2012

IPC 497 is attracted only in cases where the woman is married and that too the case has to be filed by her husband.

In this case, IPC 497 is not attracted (if the girl is unmarried right now).

Live-in relationships are fine. If wife indeed gathers proof of her husband's live-in relationship then the husband might have to shell more money as alimony. Apart from that there's no impact.

I don't know about the effect of child bearing by the live-inpartner.

Tajobsindia (Senior Partner ) 19 November 2012

Originally posted by : Nandha
	Husband found a girl who is ready to live with him without legal status of a wife. How the separated wife can reveal that the husband has married a girl when there is no legal documents for that marriage? Take: For live -in this girl can live-in with the married man provided to their society they donot shout daily from their terrace that they are enjoying status of marriage. Since the girl is a close relative of the husband, will her stay with the husband & his family be legally questioned by the separated wife? Take: If this que. is read with first one then more the merrier. The word 'relative" itself give such live-in status more sanctity as if a "relative living in married yet separated man's house simply as guest". Evcery relationship should not be tested by mythological Kamdev in contemporary India! Well cannot a female relative of any married men live like guest in his home ask yourself the bold answer is YES she can and which law stops such guest not to live in that home???. Now why give Mahesh Bhatt angle to it J The matter ends therein and the moment his wife raises hell it will construe as mental cruelty to husband as wordings of wife allegations are towards a 'female relative" and not any street side found girl, see the fine difference in legal meanings and prepare defense accordingly. Can the husband donate his sperms to this girl? will this amount to adultry? Can the separated wife raise objection to this? Is it mandatory before Law that the girl should be married to bear a child through sperm donation? Take: As per ART Laws it is not mandatory for a single girl to be married to get inseminated. Period. But if this is read in context then in such live-in relationships it is advisable not to produce child from your own sperm till your own legal status is receiving clarity from a Court as and when it is decreed as such situation will lead to too many circumstancial evidences and ultimately adultry charges will not get proved but more outflow on alimony will come into picture to balance such outcome by biased Jstc. Best is to opt for donor (screened) sperm and love the ill-got child as your own and later if in future you get freedom then produce another child with your own genetic imprints. Simple and straight forward legal evidence / evidence trails interpretation this forensic reply is. After the child birth, can the husband adopt the girl's child without the consent of the separated wife? Take: A married man can adopt in usual and un-usual circumstances only with consent of his wife and consent is not required in case the wife is not able to produce their own child. This is clear law and beyond that one need not to venture in reference to context of typical emerging live-in facts as in this brief. If at all the separated wife proves that the husband is in 'live-in' relationship with the girl, what legal punishment does the husband and the girl get? Take: It can never be proved as you have used the word "relative" earlier and for the same other relatives can come to witness box and spell out the genealogy to the court. beyond that Court will not venture period. Will the law restrict the husband to maintain his illegitimate child as a parent?? or, is it ecessary for the husband to adopt the child to be a legal parent? in such case, can the child be adopt without the consent of the separated wife?? Take: In normal situation "illegitimate child "word is not used for such born child and Law says such child enjoys same status as natural parents born child. Beyond this one need not have to venture out in reference to context of this brief is my view. Sum total remedy - if author of this post has somehow stumbled on such “relative eligible female” then go ahead and keep her in your home and re-start life minus child production from your own copulation and no telling neighbors that you both are married just use word ‘guest’ and no public display of affection akin to marriage till your legal marriage status receives some clarity. No law can touch you till these two are craftily handled and many illustrations are there in every metro family having similar disharmonious marital life now-a-days.

Nandha (NIL) 20 November 2012

@stanley, Tajobs,

Thanks for your comments.

Arjun Gupti (Business) 20 November 2012

Originally posted by : Nandha

Husband & wife separated for more than 1 year. They have 2 year old kid. Wife is not ready to join nor give divorce to husband.

I assume your kid is staying with your wife. I will not recommend you to file for divorce as you WILL NOT get it. So do not go for DIVORCE. Let her stay with her parents and let the society make fun of them at their back.

Husband found a girl who is ready to live with him without legal status of a wife.

Your are lucky my friend. I hope she must be your distant relative or daughter of some close family friend.

Query:

1) How the separated wife can reveal that the husband has married a girl when there is no legal documents for that marriage?

If you have not married to that girl then even Obama cannot prove that you are married to that girl. Court needs proof. Simple. But if your family or girl has religious sentiments - I would advice you (only 2 of you) to go to a far away town and get married in a mandir in presence of nobody known to you.

2) Since the girl is a close relative of the husband, will her stay with the husband & his family be legally questioned by the separated wife?

No way she can question her stay. It is your house and you can allow anybody to stay with your family - as a guest, as a tenant, as a house keeper etc.

3) Can the husband donate his sperms to this girl? will this amount to adultry? Can the separated wife raise objection to this? Is it mandatory before Law that the girl should be married to bear a child through sperm donation?

Hmm.. I am not sure about this. But I think two persons can be in love and who the hell is our judicial system to keep you away from your love. Go ahead and enjoy life. No it is not mandatory for a girl to be married to bear a child.

4) After the child birth, can the husband adopt the girl's child without the consent of the separated wife?

Yes you can adopt the child. Nobody can ask you why you adopted that child and why are you giving shelter to the mother. Let the society go to hell.

5) If at all the separated wife proves that the husband is in 'live-in' relationship with the girl, what legal punishment does the husband and the girl get?

The best way is to settle in a new town but is not not possible in all cases due to employment issues. I am in a similar situation and I am trying to find a solution as I am DAMN SURE we have loopholes in our judicial system that we can use in our favor.

6)Will the law restrict the husband to maintain his illegitimate child as a parent?? or, is it necessary for the husband to adopt the child to be a legal parent? in such case, can the child be adopt without the consent of the separated wife??

AREE YAAR. Law ko itna seriously mat lo. Is your wife a daughter of politican or some police inspector? If not, then do not get worried. She WILL NOT BE ABLE TO PROVE THAT the girl or her child staying in your house has any relation with you. You do not have to wait for her. Let her enjoy her life. You enjoy your life.

Experts advise, pls.

Nanda

pksd indian (engineer) 27 May 2019

What is effect of above case based on present adultry law 497 quashed by SC.

Mahendra 02 June 2019

Originally posted by : Arjun Gupti
	AREE YAAR. Law ko itna seriously mat lo. Is your wife a daughter of politican or some police inspector? If not, then do not get worried. She WILL NOT BE ABLE TO PROVE THAT the girl or her child staying in your house has any relation with you. You do not have to wait for her.

I am also in the same situation as given in the post but my wife is a daughter of a lawyer (not a police man or politician). Will she be able to prove that the girl or her child staying in my house has any relation with me?

Please reply.

Thanks.