Legal assistance for live in relationship
Disha
(Querist) 26 November 2013
This query is : Resolved
My Sister-In-law was in love with a person for the past 7-8yrs. From about last 2 yrs they were in a live in relation.
Now she has come to know that this man is already married and has 2 kids too. by chance she visited his home town and got the shock about it.
Is there any legal aid available for her. She was cheated in a most burtal manner. Can she file a case against him. We were thinking that a Cheating case and also defamation as his lie has thrashed her reputation. Our family would introduce him as future son-in-law to all the relatives n friends.
We wish to take serious action against him. Please suggest what are the options available. We have been suggested to first file an complaint against him to police. We will be doing that soon. But want to know the law and remedies available for her.
Thanks for the help!
Devajyoti Barman
(Expert) 26 November 2013
She can file case for compensation and maintenance under PWDV Act.
The live in relationships are mostly fragile. So every partner should be prepared to be dumped at any moment.
Disha
(Querist) 26 November 2013
Thank Devajyoti ... actual we are not looking for compensation or maintenance. But want to punish him.
Can we file cheating case?
Devajyoti Barman
(Expert) 26 November 2013
Do you think that live in relationship is
that much glorified relationship that one should file case for cheating to keep its sanctity.
I am sorry but I could not advise anything more unless some other expert here disagrees and may advise you something else.
ajay sethi
(Expert) 26 November 2013
no case for defamation or cheating is made out . your sister in law knew it would be only a live in relation ship . she agreed to it . no commitments for marriage was made .
at most she can get maintenance under DV act
Disha
(Querist) 26 November 2013
There was a promise of marriage involved sir... that is the reason we would introduced that man as our "future son-in-law".
I am aware that live in relation is looked down. This is not a case where the girl n boy lived together and the family was not involved. we all knew abt them and we thought that the relation would ultimately result in marriage.
They both worked in the same office too and that is the reason we agreed for this arrangement also. There was a definate "Promise to Marry".
If you remove the "Live in" part from this and think if a married man hides his martial status and "fools" other women is that not offence, is that "okie"
The reason we are hell bent is because my sister-in-law gave 7-8yrs to this relation and thinking that he was her soul mate and would be a perfect husband. And then she comes to know that he is married, how shattered she is. she is been treated for Depression now.
And what the Law provided is maintenance??
Could your ans be the same if the "live in" factor was not there.
Please dont mind my being a little hard, but as a family it is hard to see the pain she is going through.
R.K Nanda
(Expert) 26 November 2013
nothing more to add.
ajay sethi
(Expert) 26 November 2013
do you have any emails , any correspondence wherein the man promised to marry your sister in law?
V R SHROFF
(Expert) 26 November 2013
U said "Our family would introduce him as future son-in-law to all the relatives n friends."
Under the circumstances, you can file FIR that "He raped me with false promise to marry me"
however, ur negligent act to find out who he is; for a long period of 8 years , and no kid , shows u r not coming with clean hands..
Rajendra K Goyal
(Expert) 26 November 2013
Consented relationship for 8 years without confirming antecedents, living together without marriage. Was he only culprit. Your SIL and your family was equally responsible. Should he only be punished when fault was from both sides.
May lodge FIR as advised by the expert VR Shroff ji.
Devajyoti Barman
(Expert) 27 November 2013
Physical relationship on promise of marriage is ' rape'.
I still held you responsible to allow your child to maintain a carefree relationship for long and then now crying hoarse when it falls.
ajay sethi
(Expert) 27 November 2013
the fact that person promised marriage has to be proved .
