i want to marry a married person

Yes, agree with advocate later on she agreed to withdrwa the 498A even Divorce by MCD. If Husband seeks divorce then its diificult for him to prove cruelty but valid fround for desrtion whether he has previously filed any RCR?-May be no? Then its diificult for him but ray of hope is still there hoowever its better 498-A to get it quashed by High Court

As far other aspects it very diificult to compromise with other person in which the author is presently facing . 7 years she have trusted with any individual. Its very diificuklt to get out from the same it is very much psychological traumatised. However she may help man to support emotionally to get rid of the same

Roshni ji, I know what I have advised. I know the implications on society. But please understand we are dealing with human relations and we are not here to advise morals. As a legal advisor I have given the person in distress a remedy under law. Now it is left to the discretion of the person asking the query to decide the pros and cons of having a live in relationship. 

If a person comes to me to give him advise to rob somebody's property, and if I guide him, I would be encouraging him to commit an offence under law.

Live in relationships are not offences anymore here in India. Whereas adultry is an offence where the only difference is a married woman is involved. Is it not a married woman is supressed of her liberty to have extra marital affiar when her husband can live with an unmarried woman?  I stress the need of amendment of laws with respect to extra marital affairs. 

@ Suchitra Ji . A very general query with due respect and regard to author withoiut affecting her sentiments

If a married man is having in relations hip with un married girl , is it more required that amen has not been engaged in " other" relation with girl i.e extramarital relationship would not land into jail ?

what more needs require for proof that both are living as husband and wife if they are sharing same home??

I have doubt only not argue in this regard...........

Good,  Anamika . Go Ahead. 

Home breaking steps lies only on shoulders of wife.

This is the site where from persons will get legal advice, but unfortunately some persons has posted their personal opinion which does not contain "any legal advice"  with the help of their limited experiences,which nobody demands from this site.    thanks of all who will give legal advice only.....

@ Ms Liberal, as of now, adultry in India is an offence committed between a man (whether married or not) with a married woman. And here it is only the husband of the married woman can file a case against the man involved. And if that man is married, then his wife cannot file a case of adultry against her husband according to the wordings of the offence of "adultry" as explained under IPC. 

In case a man ( wheher married or not)  has physical relationship with an unmarried woman, it is not an offence. By your views I think you want to say a man who has relationship with an unmarried woman should get punished under law. But it is not so, if both of them have attained majority and are living with consent. 

As I have already said, Indian laws need amendments with respect to marital laws. 

no problem  to file divorce suit simultaneouly  or after launch 498a, it is better if  husband launch divorce suit after 498a as 498a is a terrorist activities, so husband may get advantge from  498a and get divorce.   if a husband file divorce suit  and  wife not file any 498a then (except some options) then there have no chance(99.99%) to get divorce.

second one, you may marrie your lover with out left any legal proof and stay  in different name like  paying guest , nurse etc in the eye of society  but think that  no evidence will be left

Suchitra jee,

Thank you for replying.

When I had posted my previous reply,I had made a generic statement.I was not at all referring to your 1st reply of this thread.

Infact,I had not even read your 1st reply to this thread.But I knew that you had replied.

I had only read the replies of a few other people.

So keeping in mind their replies,I made this generic statement.

Only after reading the above quoted reply,I happened to read thoroughly what you had said earlier.

I guess there were a some recent news items,also posted in LCI in which the SC or HC had said live in is a fundamental right,but not within marriage parameters,esp. when one of the spouses is married.I do not think HC or SC will ever declare that a married person can cheat his spouse to have a live-in.

Secondly,there were some more news items posted in LCI also,wherein married man/men were booked for cruelty,which also included extramarital affair.Now live in is also extra marital affair.

There was another case where a wife had committed suicide due to her husband's live-in for many yrs.So he too was arrested for perpetuating cruelty.

I will have to look for those news again,as I never stored them.Or maybe you are right.

I respect and appreciate all your viewpoints Suchitra Jee.

However,in a few aspects,I will stand by my words...

Have a good day to you!

@Roshni B..

What a coool reply roshni.

You said that,"I do not think HC or SC will ever declare that a married person can cheat his spouse to have a live-in."

Yes.

The institution of marriage already is weakened gradually in contemporary Indian society, particularly in urban pockets. More couples instead of tying knot preferring to simply live together following the western culture, which does not suit to Indian culture and tradition.

The live-in-relationship is quite prevalent in western countries, but the reality in India is different. Here marriage is still an institution, which is preferred over any form of union. And one must not forget that significance of marriage, as an institution will not be diminished.

@author

For you,Till he is divorced, You cannot live with him under Live-in relationship .

A Supreme Court Bench comprising of Justices Markandey Katju and T.S. Thakur have said, “An unmarried woman will not be able to claim maintenance by merely spending weekends together or a one night stand would not make it a domestic relationship. Not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the Act of 2005 (The Protection of Women from Domestic Violence Act, 2005) . To get such benefit the conditions mentioned must be satisfied, and this has to be proved by evidence. If a man has a ‘keep’ whom he maintains financially and uses mainly for s*xual purpose and / or as a servant it would not, in our opinion, be a relationship in the nature of marriage”.

The Supreme Court stated that a ‘relationship in the nature of marriage’ is akin to a common law marriage. For the purposes of claiming benefits under the domestic violence law, the claimant must satisfy four requirements i.e. (a) the couple must hold themselves out to society as being akin to spouses; (b) they must be of legal age to marry; (c) they must be otherwise qualified to enter into a legal marriage, including being unmarried and (d) they must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time.

Here is the old post that is posted by Roshni.B

https://www.lawyersclubindia.com/forum/Re-Re-This-is-not-USA-HC-tells-married-man-in-live-in-relationship-31146.asp#150205

Thanks suchitra Ji
    for your adviceThis is in respect to IPC But under HMA if married man has made relationship with another woman (whether married or un married), the wife of the women can seek divorce on this ground and the husand has to give monthly mainatanance or one time alimony to her
Here in this case, many LCI has advised women to live in relationship with man then I think wife has the solid reason to get decree of divoce with hike alimony Is thsi correct??

@ Roshni ji and Liberal ji, the wife of the husband who has a live in relationship can seek divorce on the ground of cruelty. But in no way, she can get him punishment under law. The miantenance amount depends upon facts and circumstance of each case and so, it is difficult to answer here. Liberal ji, please see the query again. The wife is not ready to get a divorce from her husband. I suppose even after knowing that her husband has a live in relationship, she is not willing to get divorce for reasons better known to her. 

dear all,

let me clarify some more things. at the age of 20 his father forced upon him this marriage. he didnt lived with his wife from the starting onwards. he lived away where he was posted and wife lived in his parenteral home.then she left his home when she had quarrels with his in laws. she didnt applied for divorce as she was dependent on him and also remarriage for her was very difficult. and my lover didnt apply for diavorce becoz this marriage was forced by his father and he didnt want to disrespect his father and also there was not any woman in his life whom he loved and wanted to marry. so there was not any need of divorce. then his father died in 2003. he liked me since 2002 but disclosed this to me after 7-8 months past death of his father. and she had not only filed cases against him but also her in laws. all the in laws are suffering becoz of her, whereas they did nothing. i love him and want to be with him.divorce will take a long time as she will never agree. she had also filed the maintenance case and won. so he is already paying maintenance. now please confirm whether we can live together?

- anamika

You can live with him like his keep.Atleast you will get some respect in society as his keep,than if you had lived like a stranger.

Yes,if she has filed cases of cruelty against him because of your affair,then your name will automatically be exposed in court files,in each hearing and so on.

She seems revengeful(worth appreciating).So she will make it a point to humiliate you a lot in each hearing.She may even go into the media.

Just in case,"devil" forbidden,you cannot marry him in this life,and your marriage gets fixed elsewhere after some time,your prospective husband/inlaws may find out your background by getting to read the court files,which become a public document.If at all they get an idea that you were into a relation with a married man,who got convicted because of your stubbornness to stick to him.Then your marriage to anyone will also not be possible.

Whether she filed cases against her husband,or inlaws, or both,you should not bother.She filed cases,that means she had genuine reasons.We cannot label a person as bad just because he filed cases.