Hindu marriage act
Suraj Kumar
(Querist) 20 February 2015
This query is : Resolved
Sir,
1. My friend XXXX’s wife leave matrimonial home.
2. She did not come back even after repetated request.
3. My friend XXXX bring another women in home as cook.
4. XXXX never married with the cook.
5. Due to cohabitation with cook one child is born.
6. My friends name is found in the childs birth certificate.
QUESTION:
a) Can any legal action can be taken by my friend’s previous wife for the act of my friend ?
b) If any, under what section ?
Devajyoti Barman
(Expert) 20 February 2015
regular professional/academic query...
ajay sethi
(Expert) 20 February 2015
academic query
Nadeem Qureshi
(Expert) 20 February 2015
the offence of adultery is made out against your friend xxxx and his wife may file a criminal complaint against him before court u/s 497 of IPC
Anirudh
(Expert) 20 February 2015
I differ with the views of Mr. Nadeem.
It is not clear whether the cook was already married and her marriage subsists. Only in such a situation, the offence of adultery against XXXX would be made out. That complaint can be made only by the husband of the cook (if she is already married and having husband). Not by anybody else.
However, the cook can take Mr. XXXX to task anytime.
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
I agree with the views of expert Mr. Anirudh, however confirm if the cook was already married and her marriage subsists on this date.
Suraj Kumar
(Querist) 21 February 2015
Sir,
My friend XXXX married with cook in some temple, but my friend XXXX did not register it to avoid unwanted litigation as first marriage subsists. First wife knows the fact but did not have any proof with her.
