satnam singh (job less) 15 January 2011
hello all,
my 498a is running, chalan has presented and charges has to present . and i hage filed quarshing in HC. my quarry is. i am only son in my home their is nobody to look after my old parents and child.(5.5 Yr.). but my divorce is looking very far away. plz suggust >
* can i stay with girl(as wife) in my home without marriage (proofs).
if my wife get know and she took pic(suppose) then it will go against me????
Avnish Kaur (Consultant) 15 January 2011
she can file divorce on basis of adultery, no criminal charges. is it necessary that only a wife can live in ur house and not a governess ? avoid being photographed, but even if she does it will not make much harm.
she has already filed 498a and all other criminal chages on u wat more she can do. be brave and fight criminal cases with help of expert and honest lawyer.
adv. rajeev ( rajoo ) (practicing advocate) 16 January 2011
You can live with a girl but follow the advise given by Radhey
adv. rajeev ( rajoo ) (practicing advocate) 16 January 2011
Sorry instead of Avnish Kaur I said Radhey.
Arvind Singh Chauhan (advocate) 16 January 2011
Follow advice Of Avinash Kaur.
M.A.T.Ganesan (lawyer civil &family laws) 16 January 2011
Can, but with certain limits as per Supreme Court
Avnish Kaur (Consultant) 16 January 2011
mr ganeshan please tell about these limitations, any sc citations in this regard?
Tajobsindia (Senior Partner ) 16 January 2011
@ Avnish,
Your "practical" gyan is going to change Hindu Marriage Laws and Live - in as looked upon by society. Brave wordings but "then" let us not crib about pervading American culture into India when maintanance and property rights are asked by un-married live in partners !
However, I will subscribe to your gyan and would have said the same. Wish there were laws for compulsorary restitution of marital rights for husbands ir-respective if criminal charges are framed (as they are matter of trial till then bechara husband kya karega) :-)
Arup (UNEMPLOYED) 16 January 2011
" crib about pervading American culture into India "
- THE WHOLE DIVORCE SYSTEM IS COPIED FROM BRITISH AND AMERICAN SYSTEM.
B.S MANJUNATH (ADVOCATES) 17 January 2011
It appears you are confused with too many issues. Each one needs to be seperated and dealt with appropriately. The first issue is you have a disturbed marriage. Please settle that issue either in reunion or divorce. Next looking after your aged parents is your responsibility no reasons for not doing so. However, if you need support you need to employ somebondy. Livein relationship along with other lady is comfortable as long as it works. If it misfires you are in further mess.
May be you need some one who can counsel you in the context that life works well as long as we respect fellow human beings. It is humane problem. Patience and wisdom is the apparent requirement. Law can only aid better living. If you intend to by-pass or hoodwink it can only land you in furtherr trouble.
Arup (UNEMPLOYED) 17 January 2011
" Livein relationship along with other lady is comfortable as long as it works. If it misfires you are in further mess."
- YES IT IS TRUE AND PRACTICAL ADVISE.
" If you intend to by-pass or hoodwink it can only land you in furtherr trouble."
- NOT ALWAYS AND NO OTHER WAY ALSO.
Sammelan Kavi (Software) 18 January 2011
@TajobsIndia : Sir/Ma'am I thank God that there are no laws that force man or woman to live with one another unwillingly. It would be barbaric and chances are such "pressure-clamped" marriages would lead to murder of either one.
Avnish Kaur's advice makes sense from practical point and I am glad you've conceived it. We cannot be idiots who will deny a practical idea just because its origin is American for if we did that we'd have to forgo thousands of things including the computer on which I am writing and you could be reading.
@satnam : I think that up until now, best advice is given by Adv. Manjunath closely followed by Avnish Kaur.
a (cc) 18 January 2011
On imilar lines u may read this thread:
https://www.lawyersclubindia.com/forum/Re-Punishment-for-Adultery-27925.asp?1=1&offset=1
Though I fully agree with u that if woman decides to ruin ur life by neither joining u nor giving u divorce, only option left with man is 2 go 4 a reliable live-in relationship. If GF & her family is taken into total confidence, its best solution ahead.
@TajobsIndia: Its boring if we still blow our old trumpet of GREAT INDIAN VALUES.
M.A.T.Ganesan (lawyer civil &family laws) 22 January 2011
Please connsider the consequences.Live- in-relationship as reported in 2010(5)CTC 503 & 2011(1)CTC 101
M.A.T.Ganesan (lawyer civil &family laws) 22 January 2011
Please alsosee NEWS &UPDATES on21/10/2010
Article posted by KUSHAN VYAS -------S.C clarifies live-in-relationship dated 21/10/2010
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