Madhuri 02 February 2022

Married man in a live-in relation or possibly second marriage without divorcing first wife

Hi,

My name is Madhu, age 37 years. I got married in the year 2007 in subramanya swami kalyana mandapam, Tenali (A.P). I have a daughter of 11 years as of 2022. Post marriage i am residing in my matrimonial home in Hyderabad, Telangana. Our marriage was fine for first 4-5 years but for the last few years my husband is not living with me stating he has job in Bangalore and used to visit my house once a month or once is 3 months, i supported him thinking its his career but it pushed me into depression and suffered a cardiac stroke in 2020, which in-turn pushed to my brain. I lost my speech for 2-3 months. I had doubt on my husband that he is cheating me and has another woman in his life and my suspicion became strong when my husband did not come to see me during my stroke treatment and completely abandoned me and my daughter for the last 1 year. Me and my father filed 498A, Maintenance case on my husband which is at the stage of summon as my husband is not appearing before the honorable court.
Over the last 3 months i conducted a inquiry about my husband and his family and found my husband living with another woman here in hyderabad. I caught him red handed and called police to his house but he and the other woman informed police that they are in a live-in relation. I found they both have a daughter together of 7 years and during my inquiry i came to know that my husband did another marriage with this woman in his village somewhere in the year 2011 or 2012 but don't know when, where and how the marriage took place. I am suspecting it to be a christian marriage as the other woman is christian and my husband now practices christianity. Police registered a case in section 420 and 494 which is still under investigation.
Matrimonial home was in the name of my husband which he sold without my knowledge and i learnt about this recently, he seized all my gold, cash given as dowry at the time of marriage and left me penniless, i am barely surviving.
I don't have evidence of his 2nd marriage but i got the birth certificate of his another daughter with the other woman and hospital records where the child was born in which my husband family name is mentioned with native home address and his signature.

Can a married man stay with another woman in a live-in relation and have children ?
Is official birth certificate and hospital records count as evidence for bigamy ?
I am open for any suggestions, requesting to provide guidance.

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12 Replies

PALLABH HALDAR 03 February 2022

First of all take care of yourself and your daughter.

The Investigating Officer(IO) is responsible for collecting evidence that is relevant for this case.After investigation is over IO will submit the Final Report/Chargesheet and case will proceed.

Now as your Husband committed Adultery Mental Cruelty and also Converted Religion In my opinion you should Go for Divorce under Hindu Marriage Act and start a new life.Meanwhile you and your Daughter are entitled to get money from your Husband for daily expenses.Even your daughter will get money for her education.

In this case many things depend upon you Consult your family members friends relatives and take a decision.

Regards

Advocate Pallabh Haldar

Shashi Dhara 03 February 2022

Check the voter card or adhar that lady is his wife or not mentioned in it .

Aryan Raj 03 February 2022

Dear Madhuri ji,

First of all I am sorry to learn about the problematic situation you are going through and I hope you find your way to a happy life again soon.

As per your question, no a man cannot live in a live-in relationship with another woman until he has divorced his first wife and it is a criminal offence under Section 494 of the Indian Penal Code.

And yes the birth certificate of the child and hospital records are decent evidence but you can also attain more evidence to prove the offence of bigamy.

Regards,

Aryan Raj

Dr J C Vashista (Advocate) 04 February 2022

A married man can stay with another woman in a live-in relation and have children, it is not a crime.

Official birth certificate and hospital records can not be accepted in evidence for a bigamy case.

Sudhir Kumar, Advocate (Advocate) 04 February 2022

Birth certificate is issued by municipality (though on the rreport of hospital)

GIVEN FACTS INDICATES THAT YOU YOURWELF APPEAR TO BE A SECOND WIFE, IF AT ALL HE HAD EARLIER MARRIAGE WHICH WAS LEGAL.

WHWTHER HE AND HIS WIFE WERE OF SAME RELIGION (OR REGISTERED UNDER sPL mARRIAGE aCT)
IN WHICH CUSTOM THEY MARRIED?
WERE THEY BOTH OF MARRIAGEBABLE AGE

Madhuri 04 February 2022

Thank you for the replies.

I am the first wife, our marriage took place in the year 2007 and 2nd marriage of my husband took place somewhere in 2011 or 2012.

I went to his home town (village) and spoke to his relatives. My husband told all his relatives that he divorced me at the time of his 2nd marriage, multiple people have confirmed that 2nd marriage was a christrian marriage in a closed ceremony so yes its under special marriage act.

1 - Both converted christians from hinduism
2 - christian marriage so most likely special marriage act
3 - yes both were of marriageble age

I did not get proper help from the police in 498A, Investigating Officer co-operated with me untill the raid happened but after my husband went to the police station the same Investigating Officer is not even willing to talk to me, he said i should not be visiting the police station after the case is filed, they will handle it from here on. He didn't even provide me the aadhar card of the other woman and photographs they took during the raid, so i am suspecting my husband is manipulating things here. Then i filed 420 and 494.

By now you all can understand its not easy for me to prove my husbands 2nd marriage. Police did not take my husband for remand untill now so I have lost hope from the police. How can i prove his marriage ?

My original question still stands as i see mixed replies. Can a married man be in a live-in relation with another woman and have multiple children ?

M V Gupta (Advocate) 04 February 2022

If the police are not investigating properly you may file a complaint before the Magistrate of First class to direct the police to investigate the case and file a report within a specified time. You may also approach the superintendent of Police and pray for prompt investigation and take action against your husband. From the facts narrated by you, your husband has committed serious offences of bigamy under IPC and Domestic violence Act. Move in the matter in consultation with an Advocate dealing in family cases.

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PALLABH HALDAR 04 February 2022

Hii Madhu your marriage is a legal one and your daughter is a legitimate child.
2 nd Marriage is not legal in the eyes of law.

Now comes the important question can a married man be in a live in relationship and have children?

The answer is No but if he does it is a criminal offence which is bailable and police will not arrest as it a non cognizable offence.Police doesn't have power.the best thing is go for divorce its definitely a Ground for Divorce

If u need further clarity you can contact me.

Advocate Pallabh Haldar

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 February 2022

After narrating all the misdoings by your husband your only question is " can a married man have live-in relationship with another women and have children"

Unfortunately there is no law to punish such a man or the woman. This is what many film stars do and the general public and even those in authority consider the second woman as his real wife or even more. The second woman often gets VVIP status.

The only recourse available to you is divorce, which the man may happily give but for alimony and maintenance costs.

Christians are very particular about monogamy and a church marriage can be conducted only after suppressing the fact of first marriage.

Dr J C Vashista (Advocate) 06 February 2022

Section 497 IPC (adultary) has been decriminalised by Supreme Court in the case titled, "Joseph Shine Vs. Union of India" accordingly live-in relation is not a crime.