Live in relationship law
Ankit Sehgal
(Querist) 09 September 2013
This query is : Resolved
Case is where the woman is married to a man for the past 7 years but after 2 Years of marriage there were quarrels etc and hence the marriage never sustained and they had not tried to patching up and hence they staying separate for almost 6 Years.
Now my questions are,
Can this married woman stay (in a live-in relationship) with an unmarried man??
Can her 1st Husband file any sort of case against that man?
Dr. Jyothi Vishwanath
(Expert) 09 September 2013
She can stay in live-in but it has no legal value. Her first husband can file a case of adultery against her and the man too.
Instead of doing illegal things, it is better she takes divorce and gets married again.
The unmarried man who is ready for live-in will only use her sexually and dump her later.
V R SHROFF
(Expert) 09 September 2013
unmarried man will go in jail 5 yrs// for adultery if her husband complaint to Police.
She cannot go for live -in relationship.nor any other man can be with her in a closed room.
IT IS CRIME.
Any child born to her will inherit all property of orig husband, as born out of wedlock.
R.K Nanda
(Expert) 09 September 2013
1.yes.
2.no, as adultery is made out when both are married.
Ankit Sehgal
(Querist) 09 September 2013
Thanx for the replies
What in case the women already filed a Divorce case and it is pending from last 3 years...
Decision is not coming out as the opposite party is only killing time and don't what to give divorce to her...
Now in that case what step should the woman will have to take???
R.K Nanda
(Expert) 09 September 2013
women must take divorce asap.
R.K Nanda
(Expert) 09 September 2013
ur welcome.
Devajyoti Barman
(Expert) 09 September 2013
Her husband can file case u/s 497 IPC against her live in partner which is sessions court triable case.
Till the divorce case is disposed of, the woman shall have to restrain her urge to cohabit with another.
ajay sethi
(Expert) 09 September 2013
agree with experts till divorce is granted avoid having any live in relation ship
R.K Nanda
(Expert) 09 September 2013
live-in is at ur sweet will and u can live-out at any time.
J K Agrawal
(Expert) 09 September 2013
Live in relationship. but no written proof of relations should be there.
It is an offense and imprisonment is possible but don't worry be ready for that.
R.K Nanda
(Expert) 09 September 2013
live-in is held legal by supreme court.
Ankit Sehgal
(Querist) 09 September 2013
Thanx all for advices...
V R SHROFF
(Expert) 09 September 2013
I presume u r man interested in live in :
live-in is NOT AT ALL SWEET.oPP PARTY FIGHTING IN COURT WILL CERTAINLY TRY TO GATHER EVIDENCE AGAINST YOU.
HE GET CHANCE TO PUNISH U AND deprive his wife of mtn , property, and keep her lonely by sending you to jail for 5 years.U/S 497[ +2 YRS U/S 498]
""live-in is at ur sweet will and u can live-out at any time."" I DO NOT AGREE.
I SAY THAT EVEN lIVE IN Attract DV+Residence, + Mtn+so on : So cannot live-out any time. He looses both the sides.
Why experts Like Shri Nanda should suggest illegal, immoral activity??
IT IS ALL SOUR// NO SWEET
Never think of live-in relationship with somebody's WIFE.
R.K Nanda
(Expert) 09 September 2013
mr. shroff,
i am not suggesting illegal and immoral
activity but showing mirror to society as
live-in is the way of young people which u do not know.
moreover,u do not teach law to me.
read supreme court of india judgements on
live-in .
do not presume anything about anyone.
i am not in favour of live-in but this is happening in society which u r not aware ,living in city like mumbai.
do not jump to conclusions about others at the drop of hat.
ur very fond of 7 years punishment and punishment is given by court on evidence only and not ur say.
R.K Nanda
(Expert) 09 September 2013
mr.shroff,
i totally disagree with ur views.
R.K Nanda
(Expert) 09 September 2013
u better reply to querist rather than commenting on my answer.
R.K Nanda
(Expert) 09 September 2013
think with cool mind before stating defamatory and derogatory remarks about fellow experts.
prabhakar singh
(Expert) 10 September 2013
There is no legislative enactment defining or regulating 'live-in-relationship'
Our constitution gives us freedom to live the way we wish provided we do not violate any law.
So two opposite sex unmarried adults can chose to live togather even with sexual relation defying social marriage institution.
ANSWER TO QUERIES:
1).BUT CERTAINLY A MARRIED WOMAN CAN NOT LIVE -IN-RELATIONSHIP OF SEX WITH ANY OTHER MAN DURING PERIOD HER MARRIAGE SUBSISTS.IF MAN IS DOING SO WITH KNOWLEDGE OF HER SUBSISTING MARRIAGE,OFFENCE OF ADULTERY IS ATTRACTED.
2).YES!her 1st Husband CAN FILE ADULTERY CASE case against that man.
THIS IS NEAT.
prabhakar singh
(Expert) 10 September 2013
Mr. Barman mentioned section which runs as under:
"Section 497 in The Indian Penal Code, 1860
497. Adultery.-- Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor."
THEN I DO NOT KNOW why so erroneously it was stated as
"1.yes.
2.no, as adultery is made out when both are married." by Mr. R.K Nanda.
J K Agrawal
(Expert) 10 September 2013
Sir
It is not necessary that the adulterer must also be married. Only if woman is validly married is condition.
V R SHROFF
(Expert) 10 September 2013
MR. NANDA '
She is MARRIED WOMAN
If unmarried, Live -in is OK
I JUST ASK :
Why experts Like Shri Nanda should suggest illegal, immoral activity??
Is it not illegal and immoral to knowingly have sex with some-one else's wife, without the consent of her husband??
Can we Advocate suggest Society at large to carry on such act and say it is sweet??
You said "live-in is at ur sweet will and u can live-out at any time.:
Are you not aware that HE CANNOT LIVE -OUT ANY TIME. He can face Domestic Violence, Residence Order , and Mtn Liabilities to pay that Lady???
YOU WANT TO SPOIL THE SOCIETY, AND ENCOURAGE LEGALLY WEDDED WIFE TO HAVE SEX AND PRODUCE CHILDREN, WHO CAN CLAIM PROPERTY OF HUSBAND, EVEN THOUGH NOT THEIR BIOLOGICAL FATHER???
Do Law allow to produce children outside wedlock??
Is it not immoral?? Especially when her husband oppose it.
If you are talking Bar Girls, and Mumbai & Delhi cities, Those Ladies are either unmarried or supporting husband to increase their family income with their husband's consent.
In this particular case, there no consent from husband, and that's Why Evidence will be produced by her husband fighting in court against her.
You are so hurt, you have to reply 4 times to me.
Please remember, I never write against Experts, and always supported my colleagues experts.
JAN-FEB 2012 PERIOD: LCI
Go thru the period, when I took leadership to protect experts, and Experts choose me as their Captain. You are not aware as you joined LCI only after that Big War. You joined LCI on 27-02-2012, when I with my Expert friends compelled LCI ADM to stop Anonymous Queries, and insults by Queriest on Top Experts. You are sailing now in smooth boat, as we made it so before 27 Feb 2012, before you joined this LCI.
Why get so upset,
U said “moreover,u do not teach law to me.”
I suggest to learn Law stated by Shri Prabhakarji & Shri Barmanji, in your reply .
"Section 497 in The Indian Penal Code, 1860
497. Adultery.-- Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor."
I NEED NOT TEACH YOU LAW. THERE ARE MANY WHO ARE TEACHING YOU LAW AS YOU DESERVE TO KNOW IT”
And if still believe you are correct, you are challenged by me to prove, that Extra marital affairs with married woman without the consent of her husband is legal as well as moral. OK.
I call upon you to prove it...
Probably the First time I have to use these words to my Experts, but you crossed your Limit.
I am the Last Person at my age of 65 years to encourage such immoral, illegal, Dirty, shameful act of Society to allow F****** other's wife without the consent of her husband..
SORRY MR. NANDA, I DON'T EXPECT YOU TO SAY SO.
IT IS ILLEGAL
IT IS IMMORAL
IT IS SHAMEFUL
IT IS CRIMINAL ACT
NOTHING CAN BE AS ILLEGAL AND IMMORAL AS THIS.
Please let me know few persons Name & Address who support your idea of sweet Live in relationship with other's wife , hiding from husband, and get away!!
YOU ENCOURAGE LIBERTY TO WIFE TO THIS EXTEND??
And Apex court says, even illegal children should inherit property of his legal father!!
I OPENLY SAY YOUR ADVICE IS WRONG.
FEW CITATIONS OF APEX COURT OF EXCEPTIONAL HARDSHIP CASES CANNOT BE ALLOWED IN ALL ORDINARY ROUTINE OTHER CASES.
OTHERWISE WHY YOU NEED HINDU LAW?? OR MARRIAGE, BEING HINDU SANSKAR.
Even Muslim or Christian doesn’t allow such adultery.
Even God Shri Ram did not tolerate even a comment of common man against his wife Sita and did not accept Sita. Forget encouraging such act.
Earlier there were 100’ Fight between experts, before Jan 2012, as they used to Reply” yes agree with experts, or nothing more to add, Only to add to their Point War. you were not even in EGG of LCI at that time, and all appreciated and co-operated with me , that attracted LCI TO 2,45,000 Members , By improving Quality of Replies. There were lots of insulting Querists, and all were corrected, by slapping or helping immediately. ALL EXPERTS OF LCI BOYCOTTED TO REPLY A SINGLE QUERY, .
WE MUST MAINTAIN A STRICT DECENCY , AVOID IMMORAL AND ILLEGAL ACT, AND BEING FREE SERVICE TRY TO IMPROVE SOCIETY AT LARGE. I CONDEMN YOUR ACT THAT SPOIL SOCIETY.
I SAY: NO LIVE - IN WITH OTHER’’ WIFE
“ Hindu Satra says “
Your answer will degrade LCI too. Beware next time. U shd hv used PM before So many Reply to me in open platform. You too must have your Wife.. Will it not hurt your sentiments / How you will feel if someone **** * ** U want it??
“ par stri mata saman “ That is the heart of Matrimonial relationship. We are proud HINDU of Hindustan.
OTHER’S WIFE IS LIKE OUR MOTHER.
R.K Nanda
(Expert) 10 September 2013
teach these sermons to you only and not to me. ur over confident which is worst than having no confidence.moreover, u better reply to query of querist rather than stating personal remarks on me.let good sense prevail over you.
R.K Nanda
(Expert) 10 September 2013
moreover, ur very fond of bar girls as u have stated in ur reply,though query is not related to bar girls.
R.K Nanda
(Expert) 10 September 2013
withdraw all derogatory remarks stated against me.
V R SHROFF
(Expert) 10 September 2013
Q: Now my questions are,
[1]Can this married woman stay (in a live-in relationship) with an unmarried man??
[2] Can her 1st Husband file any sort of case against that man?
Ans by MR NAMDA
1.yes.
2.no, as adultery is made out when both are married
THOUGH I TOTALLY DISAGREED WITH YOUR THESE ANSWERS.
I kept quite not to raise frictions between experts.
WHICH LAW SAYS IF BOY IS UNMARRIED , IT IS NOT ADULTERY BY THAT BOY.
Who says adultery is made out when both are married???
You are generating new Law it seems MR. NANDA.
DO NOT MISGUIDE YOUNG UNMARRIED BOY. BE SORRY AND APOLOGIZE FOR THAT LIE FIRST.
I am not at all fond of bar girls, but I know, Live in relation of Bar girl with married man resulted in Liability to maintain her unmarried Bar Girl and her child under DV Act. : It is stated to clarify your statement that
:live-in is at ur sweet will and u can live-out at any time:
ONE CANNOT LIVE OUT AT ANY TIME at his sweet will"
I hope you understand why I mentioned it.
It is to clarify that a man incur liability to maintain even live-in-relationship.
And why we Advocate of repute encourage a bachelor young boy to have such relationship with a married woman??Why boy can't get a unmarried girl.
Who knows, the Wife is enchanted by that boy and breaking her home???
The boy should not start love affair with other's wife. We must advise that help Society at large.
You withdraw all your derogatory remarks stated therein, and prove yourself your advise were legal and moral, and not against public policy.
NOW MR NANDA I ASK YOU ONCE MORE
" SAY: NO LIVE - IN WITH OTHER’’ WIFE"
DO YOU WANT TO SAY: THAT BOY SHOULD GO FOR AND CONTINUE LIVE IN RELATIONSHIP WITH ANOTHER PERSON'S WIFE??
Should that boy become instrumental in breaking one home??
Are you advising that boy to produce B******???
If you have any citation that prove your statements, pl let the whole world know it...
That husband want his wife, he don't want to Divorce. The wife, in attraction of this young unmarried man, refuses to go and demanding Divorce..
That boy is having illicit intercourse , by entices , punishable offence u/s 498, Apart from adultery u/s 497 IPC .
AND YOU ARE ADVISING AND ENCOURAGING CRIME..
SO WHASTEVER WE ALL REPLIED IS JUSTIFIED AND CORRECT lEGAL ADVISE.
wHATEVER STATED BY YOU ARE ILLEGAL, IMMORAL AND WE DO NOT AGREE WITH IT.
Not a single Expert supported your view.
My views are supported by all except YOU..
Whether u like or dislike.his is hard fact of life.. FACT REMAINS FACT, AND ALL ARE IN WRITTEN COMMENTS.
MY OPINION AND ADVISE REMAINS SAME.
I AM FIRM IN MY STATEMENT. I strongly beleive what I stated here. It is Legal as well as Moral. It is in the interest of justice too.
BETTER YOU REVIEW ALL YOUR REPLIES of this particular query ONCE MORE, Recheck it, DISCUSS WITH OTHERS, GET OTHER'S OPINION TOO, tHEN DECIDE WHAT IS RIGHT AND WHAT IS WRONG. DON'T GO FOR WHO IS RIGHT OR WRONG.
R.K Nanda
(Expert) 10 September 2013
withdraw all derogatory remarks stated against me by you and apologise for same.
R.K Nanda
(Expert) 10 September 2013
do not thrust ur views on others.
Rajendra K Goyal
(Expert) 10 September 2013
Humble Request for senior experts,
Please oblige with healthy discussion, personal remarks kindly be avoided.
V R SHROFF
(Expert) 10 September 2013
Reply what I asked// how u stated???
"no, as adultery is made out when both are married" all your bogus false advise.
You made derogatory remarks stated against me. I quoted example of a recent Court case of Bar Girl, and you falsely declare the whole world that "ur very fond of bar girls"
You openly advise to produce B**ta*ds.. to a unmarried boy..
Height of shamelessness.
I condemn such advise, all illegal; and immoral.
Instead of accepting your controversial mistakes, you are asking me to apologise. In fact you must apologise..
A wrong doer has to apologise. NOT ME.
JUSTIFY YOURSELF.
All experts supported my view, not yours.
LET ME KNOW IF ANYONE SUPPORT YOUR REPLY??
GOOD BYE. NO MORE REPLY TO YOU ...
R.K Nanda
(Expert) 10 September 2013
ur writing sexually explicit abusive words on public site for which ur liable to be prosecuted under various criminal laws of india.
R.K Nanda
(Expert) 10 September 2013
agree with the views of expert R.K.GOYAL.
prabhakar singh
(Expert) 10 September 2013
What is sexual in my language Mr.Nanda?
Pointing out the fact that YOUR ANSWER THAT READS:
"1.yes.
2.no, as adultery is made out when both are married." IS A WRONG ANSWER IN VIEW OF SECTION 497 I.P.C.QUOTED BY MR.BARMAN?
ARE YOU REALLY A PERTURBED MAN IN THE AREA THE DISCUSSION IS GOING ON?
prabhakar singh
(Expert) 10 September 2013
HAD YOU REALLY AGREE WITH NOBLE CHAP THIS QUERY MIGHT HAVE GONE WITH A FULL STOP.
KNOWING NOTHING BUT POSING TOO MUCH IS YOUR PROBLEM!
OTHERWISE MY ANSWER WAS ENOUGH AND IN THE TUNE OF JUDGEMENT OF SUPREME COURT IF YOU TAX YOUR MIND PROPERLY TO READ IT'S FIRST PART OF FIRST POST.
prabhakar singh
(Expert) 10 September 2013
MR.NANDA I AM HERE TO FACE YOU WITH COURAGE.
CORKATAYEE SE YEHAN KAYEE EK JAVAB LIKHTE HAIN JINKO MAI JANTA HOON.
BE BRAVO AND LET IT GO FACE TO FACE AS I WOULD NOT BE CHECKING HOW YOU ESTABLISHED YOUR WRONG REPLY?
TO ERR IS HUMAN AND ADMITTING ERROR SHOULD BE A QUALITY IF ONE CLAIMS TO BE HUMAN OTHERWISE ANIMALS ARE NO LESS THAN US.I REMEMBER A BELOVED COW WHOM MY MOTHER USED TO TALK AND COW USED TO UNDERSTAND MY MOTHER MORE THAN ANY HUMAN.
FALLACIOUS YAAR!BORE KAR DETO HO AAP!
J K Agrawal
(Expert) 10 September 2013
Respected sirs
It will be useful if we try to understand that what was meaning of Live in relationsihp ?
It never mean that two persons living together contrary to law and committing an offense are deemed to be validly married.
Some time it happens that two persons living with each other happily and they understand that they are validly married but after a few years when some frictions arises and they go to a lawyer, they find that they were not legally married at all. It happens every day.
I furnish some examples:-
They exchange garlands in a temple and think that marriage is ok.
They go to court and ask an advocate to get them married within 10 minits. The advocate makes an affidavit and they think that marriage is ok.
Some intelligent friends directly gets a marriage certificate from Nagarpalika by filing false affidavits or documents without real marriage.
Some friends have contact with some Samaj and keeps readymade marriage certificates.
Some people just start to live together as husband and wife. All the official record such as voter card ration card etc are showing them as husband and wife but they never married actually.
In all these cases the persons are not legally married but they think that they are married and lives like husband and wife.
What all these?
All these are not married in the eyes of law but any court can not discard there relations. The court has to deem them as husband and wife although they are not so.
This is the means of term 'live in relationship' which is validated by the Hon'ble Supreme Court.
I request all the elders that we are here to learn some thing new and not to evaluate any once personal life.
Please forgive each other and let us start to define more clearly the term Live in Relationship.
Regards
prabhakar singh
(Expert) 10 September 2013
THE OTHER INNOCENT SIN YOU DID THAT YOU RESTRAINED ME REPLYING OTHERS'QUERIES BECAUSE OF YOUR NUTTINESS.NUMBERS ARE NOT MY PROBLEM.FRANKLY SPEAKING I CAn not beat numbers of Mr. Makkad and Mr.BARMAN DELIBERATELY HONOURED ME,THOUGH I NEVER WANTED TO SNATCH HIS DUE.SO SERIALIZED AT TWO IS NOT MY EFFORT BUT AN ALLOWAnce of DEAR MARMAN.ONLY TWO AFFECTIONATES I HAVE HERE WHO HAVE CAPACITY TO SURPASS ME AND THEY ARE M/S BARMAN AND MR. KIRAN .
WHEN I JOINED HERE I SAW BEST LOT WAs M/S.
PRATINKAR, KIRAN,AND BARMAN BESIDES MAKKAD WHERE AFTER I NOTICED MR. RAMACHANDRAN AND MR. DHINGRA,MR. MAHENDRA KAPOOR AND MR. SHAILESH SHAH !
R.K Nanda
(Expert) 10 September 2013
nothing to add more.
