Marriage in live in relationship

Rakesh (Querist) 16 May 2015 This query is : Resolved
If an already married woman has a living-in-relation with a married man and both of them even marry each other, will they be treated husband and wife in legal point of view and if relationship breaks up due to some reason, can that woman file DV case/Rape case/ 125 crpc or not?

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Sudhir Kumar, Advocate (Expert) 16 May 2015
if the lady is not divorosed from husband then :-

(i) Such marriage is not existing in terms of law.

(ii) The man is liable for adultery when complained by her husband.

(iii) the man is liable for rape charges of living with the lady conving her to be his legally wedded wife while not being so.

For further advise give facts of the case.

Rajendra K Goyal (Expert) 17 May 2015
If both are already married and not divorced, any marriage would be illegal. After parting female partner can charge rape if merits exist.

T. Kalaiselvan, Advocate (Expert) 18 May 2015
Absolutely academic query, shall revert to the stand of experts on such issues.

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