live in relationship ipc 494
Jayesh Kumar
(Querist) 13 May 2011
This query is : Resolved
A married man left his legally married wife and started living with another woman. Over the number of years they got children also.
The question I post for all the legal brains and experts are can the SC's observation and judgements holding that long term live in relationship akin to marraige and marraige if nothing against to prove it exists can be used as the prosecuting and proving factor for a case of IPC 494 if the husband and the lady are proved to be in long term relationship akin to marraige living with all factors pointing towards marraige between the parties??
The legally married wife traced her husband and the proofs obtained were--
1.) Admission form of the child of the parties with the name of father as her husband, name of mother: the second lady and the occupation of the mother(2nd lady) of the child as "Housewife"
2.) A 161 CrPC chargesheet against the relative of the wife who had gone to check, who was booked on a criminal case of beating the husband, obviously to tharft of efforts of exposure. The witnesess in the chargesheet though have claimed that the relative had done "mar-peet" with the husband they have also stated that the husband lived along with the 2nd lady as a family and they have children.
What is your respected opinion on this matter? Many ladies like this suffer. They deserve justice.
Regards,
Jayesh Kumar
Guest
(Expert) 15 May 2011
live in relationship was approved by the Hon'ble SC but here the situation is different and the husband have not given divorce to the First lady so that lady can not become the legal wife in any case except the First wife gives the divorce to his husband
Guest
(Expert) 16 May 2011
Repeated question, as replied earlier at the following link:
http://www.lawyersclubindia.com/experts/live-in-relationship-ipc-494-189411.asp
However, I have already replied, which is reproduced below:
To be brief, although paternity about the children from second lady can be proved, but bigamy cannot be proved against the husband.
The question is not that many ladies like this suffer and they deserve justice and need is to check some appropriate case law. BUT the need is for seeking proper amendment in the relevant law. Why not the experts should take up the case collectively through their respective Bar councils to echo the concern for amendment in the law rather than seeking precedents?
