IPC HMA DV ACT
neetu
(Querist) 11 March 2014
This query is : Resolved
Respected learned member
i married in 16/01/11. My in law asked me more dowry which we could not afford at that time.
a quarrell made me left home as well as in law.
i stayed with my sister did job and with financial constraint low income.
i stayed in live in with a unmarried man and my sister we trio reside in a flat on august 11, i feel secure.and file for divorce HMA 13 (A)
IN 2013 october i told the live in partner about my past. he did not say any thing only with a its ok.its ok
but in jan2014 he fled away and secretely married a girl.
He even did not tell me when i come to know i complain in police station. all there counsel and the family member of the man in live partner out of affraid hand over me the man to decide the next he came to me for a week and again goes back to his wife.
i filed for divorce in 2012 march and probably will get divorce in 29/03/14
What legal action i could take against the live in partner who after knowing left me after exploiting me more than two years..
Devajyoti Barman
(Expert) 11 March 2014
How could you file suit for divorce, he is not your husband, live in partner.
You can claim maintenance from him under PWDV Act
neetu
(Querist) 11 March 2014
Divorce filed in march 2012 and i am about to get divorce in march 29,2014.
What legal action i could take against the man after getting divorce if he will not come back.
neetu
(Querist) 11 March 2014
Divorce filed in march 2012 and i am about to get divorce in march 29,2014.
What legal action i could take against the man after getting divorce if he will not come back.
Guest
(Expert) 11 March 2014
Let your divorce mature first and plan later for future course of action. In fact, your query is a confused one with the reason that on one hand you have stated you married, while on the other you have made a mention of live-in relation. You need to clear the position, whether your case is related to dovorce, being formally married with the man or in context of live-in relation with him?
neetu
(Querist) 11 March 2014
Indra sarma vs vkv sarma maintainece can be claimed only if the live in relation is in the nature of marriage.
As i was married undivorced women. having relation with a unmarried man at that time..
SO is. it in that marriage nature
Guest
(Expert) 11 March 2014
Live-in relation cannot be treated as a married case.
Guest
(Expert) 11 March 2014
Your statement, "live in partner who AFTER KNOWING LEFT me after exploiting me more than two years," itself speaks about your keeping the live-in partner in dark about your previous marriage. You cannot blame him for exploitation. You could blame him for exploitation only if he would have been told about your previously married life before starting live-in relation.
I can only anticipate yourself being a loser from both the sides of the marriage partner as well as the live-in partner. Better consult some local expert, if he can help you win something from any side.
neetu
(Querist) 11 March 2014
Let me clear you with more clarity
EVENT WISE
16/01/11
I married Mr X they demand more dwory and did not work after lots of effort
i came to a metro city find job and met MR Y in April 2011 And live with him as live in partner from AUG 2011
I Filed for divorce from Mr X in
March 2012 and final hearing date is 29march 2014 possibly
I stayed with Mr Y as live in partner from August 2011 to december 2013 as he fled away after knowing my past and marry another girl even with out informing me.
My question is Whether i could claim maintainence or not??
Or is it a rape of false promise of marriage.
As i am still not divorced yet is it a relationship in the nature of marriage.
Devajyoti Barman
(Expert) 11 March 2014
You are still married person and during the subsistence of marriage you slept with some other person.
You are not entitled to maintenance from either of the persons.
Rajendra K Goyal
(Expert) 11 March 2014
Your act is adultery. Being a married woman you stayed with another man. Entitlement of any maintenance is doubtful.
Guest
(Expert) 11 March 2014
If yor husband does not know about your live-in relationship, you can be successful in claiming maintenance from him at least till he becomes aware of that. Otherwise, yours is a clear case of adultory on account of which your husband cannot be made liable to pay you even a single penny in the name of maintenance.
About your live-in relationship, since you had already been a married woman, your relationship with the 2nd person were established illicitely, deceiptfully and on his misunderstanding that you were not a married woman. Evidently, when he knew about your marital position he preferred to snap ties with you to avoid any violation of HMA after he was made aware of the reality. You cannot have moral right to claim anything from him, even to eeek marriage with him, unless he willingly accepts you after your divorce gets matured. You can well understand that marrieage is established only on mutual trust, but you kept him ignorant about your marital position.
In view of the stated facts, I earlier stated that "I can only anticipate yourself being a loser from both the sides of the marriage partner as well as the live-in partner."
Raj Kumar Makkad
(Expert) 12 March 2014
You cannot be allowed to take benefit of your own wrong. You remained in aultry and as and when your male partner came to know about your past life and marriage, he left you so Y is not at wrong rather you suppressed from him your past life hence the question of claiming maintenance from him do not arise.
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
I agree with the opinion of experts and have nothing more to add except to state that author lived in adultery before getting a decree of divorce from her husband, hence she will not become eligible for maintenance.
