Marrying a guy whose divorce case is on

With regards to divorce case, if he remains absent from the proceedings, the girl will get through this case. but with regards to 498A and DV, he has contest the case on its merit, with regards to marrying him during proceedings will jeopardize his situation further.

As long as the marriage is kept secret, it's not an issue. It should not be provable in the court.

In case of proof of marriage presented to court by any party, the husband is liable to be punished.

If proof of you two living together is given, then it'll at the most be considered as live-in relationship which has been accepted by SC.

If you are serious about living together, move to a different city, get married w/o any proof and start living happy life. No point in wasting time for justice in this country.

 

As far as jeopardizing the case is concerned, I don't think so. He' been waiting for long now and judges also understand the situation. But I am wondering why even after 5yrs, the case is going on.

Proving bigamy etc are not easy and convictions are rare. Proving live-in is also equally hard if you take little care. Good luck.

Agreed with amit.... It was a perfect trap laid by the girl who got married and implicated the poor guy. Its happening everywhere and solutions are just as above these days with no much options left. The system is too slow and sluggish due to increased incidences of matrimonial disputes

In this case i need to know the facts in briefs. Domestic Violence and 498A case should be contested on merits and for that i need to see the FIR. By marrying you will make his situation worse as the same is offence under IPC. Nobody can do second marriage before taking marriage. For further assitance you may contact Nikhil Singh Associate, Law Consults 'LawCon House', D-61, East of Kailash New Delhi - 110065 https://www.law-consults.com https://www.lawinc.in +917838078186, +919352444446

Originally posted by : Amit
	As long as the marriage is kept secret, it's not an issue. It should not be provable in the court. In case of proof of marriage presented to court by any party, the husband is liable to be punished. If proof of you two living together is given, then it'll at the most be considered as live-in relationship which has been accepted by SC. If you are serious about living together, move to a different city, get married w/o any proof and start living happy life. No point in wasting time for justice in this country. As far as jeopardizing the case is concerned, I don't think so. He' been waiting for long now and judges also understand the situation. But I am wondering why even after 5yrs, the case is going on. Proving bigamy etc are not easy and convictions are rare. Proving live-in is also equally hard if you take little care. Good luck.

 

If proof of you two living together is given, then it'll at the most be considered as live-in relationship which has been accepted by SC.

which SC says so ?

A married man CAN NOT enter live-in - it would be adultry

 

judges also understand the situation.

Law leans in the favour of legitimacy & frawns basterdry - SC

 

Proving bigamy etc are not easy and convictions are rare

in ALL criminal cases, proof, beyond reasonable doubt is required.

 

 

the guy is following correct perspective. remarriage should NOT be done even sneakily - what about the WOULD BE children of SECOND marriage - wont that be a proof of BIGAMY ??

Amit, yes it's adultery but it's not punishable under any IPC section (497 does not apply). At the most, the wife can ask for divorce on this basis. And I said if the couple is careful even that will not happen.

Please enlighten the members as to under which provisions of law live-in is illegal? Yes, children can be born even then it's not illegal. Bigamy by definition requires "marriage" proof of which is needed beyond doubt. There are cases where even when the husband admitted second marriage, the judge refused to punish in the absence of any proof.

 

If you let us know which married man and his lover were punished for living in and having children, it'll help us.

Amit, Dude, 

the first wife would file IPC 498a on the husband.

its not good to undergo trial of the same

I want to know any convictions in this scenario.

Theoretically she can file all she wants and say all she wants. I am concerned about final result.

To repeat, I want to know if any husband or his lover has been punished under any section of IPC for living-in together and having babies.

Hi , I do agree with Mr Amit.

There is a big difference between live-in relation and Adultry. Couple who are in live-in relation are not punishable under adultry if the woman in live-in relation is not a married woman.

As per sec 497 of I.P.C ( Adultry)  attacts only when a man is having physical contact with a married woman. if a married man is having physical contact with a woman who is unmarried or widow, it will not ammount to Adultry under Sec 497 of I.P.C.

Therefore there will not be any issue if you both do as Mr Amit said.

P.M me i will give you so many S.C decisions on this.

In order to prove second marriage, Marriage ceremonies like Sapthapadhi need to be proved. Just tying a thali will not ammount to marriage.

Therefore you can live-in very safely and teach a lesson to such a money minded lady.

 

 

 

one needs to undergo TRIAL for 8-10 years

to understand that

being in JAIL for 1-2 years is a better option !!

 

why to advice the author to do something illegal ?? dont promote such things should not promoted

I do agree with Mr Amit.

There is a big difference between live-in relation and Adultery.

Couple who are in live-in relation are not punishable under adultery, if the woman who is in live-in relation is not a married woman.

Sec 497 of I.P.C ( Adultery)  attracts only when a man is having physical contact with a married woman.

If a married man is having physical contact with a woman who is unmarried or widow, it will not amount to Adultery under Sec 497 of I.P.C.

Therefore there will not be any issue if you both do as Mr Amit said.

P.M me i will give you so many S.C decisions on this.

In order to prove second marriage, Marriage ceremonies like Sapthapadhi need to be proved. Just tying a thali will not amount to marriage.

Therefore you can live-in very safely without wasting your valuable life and teach a lesson to such a money minded lady.

illegal means never pays !

(last reply)

Amit-------,

Yes, illegal means never pays. But what is illegal? Whatever is suggested is not prohibited or punishable under any provisions of law. If it is, you just need to give an example and not talk theoretical.

 

It does not make any sense for this couple to wait and for the husband to continue suffering while the wheels of law grind slowly. This couple can live together taking care that there's no leal evidence.

 

I wish the couple luck and suggest to carry on with their plans carefully.

SC never allowed a married man to have a live-in relation.Husband's live-in relation is a great cause of mental cruelty on wife and may attract Sec 498A. How long two persons living together can hide the fact?