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Is staying in live-in risky while divorce is going on ?

Page no : 2

the rising man   15 October 2015

Goheel.... u want me to write the entire story of my life and expect people to reply on it ? This forum gets queries and with whatever details, they reply.... and not make assumptions. AND you have been doing exactly the same.  I did not mention all that which was not required for the question....for example the age of children etc etc.... My questions were different and hence the related details were given. just because you have to make the last statement, doe not mean u say any baseless statement. If you cannot help, please stay away. 

 

Sainath Sir -  Thanks for clearing that. but how to handle that problem... ? She would have photos etc...as stated in my query. Wud that bring problems for me ?

 

Gyaan - thanks for replying. i know complications might follow anyhow. 

 

 

 

 

 

b.goheel   15 October 2015

look, m neither a doctor nor vakil.
completely agree with u there is no need of disclosing every side of our life to world. Why shld anyone.

there is a belief prevailed tht for the sake of own interest one hs to tell everything to get correct diagnosis of illness or problem,  otherwise doc or adv. R not god they understand the untold situation also.

this is a general belief that may applies in public forum also. U r in public forum.

donot know your seriousness.

only aware tht in court, authority is ld. Advocate of petitioner/respondent to ask.

SAINATH DEVALLA (LEGAL CONSULTANT)     15 October 2015

Dear querist,

It is the duty of the complainant to produce and prove whatever evidences they have.It is for the court to decide about the authenticity and validity of the evidences.It is upyo UR lawyer to prove that U R not guilty.Hence better rely on him and win the case on merits and prove U R wife is wrong in the court of law.

Despite the uneccessary debates and discussions, hope U have received requisite suggestions from the legal experts who replied.

T. Kalaiselvan, Advocate (Advocate)     17 October 2015

You have rightly heard of adultery.  As per the provisions of section 497 of IPC Adultery “Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

 

Who has filed the divorce case, you or she?, what is the ground for divorce.  Your wife's complaint for the adultery offences may not be maintainable in law owing to the provisions reproduced above. 

If there is no meaningin in th married life and there are no chances for reunon or resumption of cohabitation including conjugal relationship and the issue is dragging on endlessly for more than 6 years, the development of the vexed husband's affairs with another woman can be justified and ofcourse is not punishable under criminal law.

1 Like

b.goheel   17 October 2015

it is hearsay tht
custody of child might not b given to confirmed Adulterous parent be it father or mother. [frm the thread it sound queriest is keen on their custody.]

moreover, it may impact on claim of maint./alimony – either drastically reduced or given full amnt. With sympathy .

usually it is observed tht people try to hide their Adulterous Habit for the sake of own  social image.

mohan   18 October 2015

Live in relationships are legal in India but may clearly indicate adultery. but this will surely put pressure on your wife to close the case as she would not having to fight on. start living in a different state or a far off place so that she cannot find your clear status. 

 

Adv Kaliaselvan is right. your adultery may not be punishable but may attract some trouble in courts. 

 

the rising man   18 October 2015

Kalaiselvan Sir...  THANK YOU VERY MUCH.

 i filed the diVorce case after 6 years of living separately in the same house. I had been taking care of all her expenses till she left the house on the advice of her advocate. some game plan.....may be !!    they have not filed any other case on me and that is something which is a strange thing. She has not even filed for the maintenance, custody of the children or even any other DV case. She is just delaying the divorce case so as to make pressure on me and to extract more money on me. How do i handle this ? and how do i handle this adultery allegations on me ?

 

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GOHEEL - tera toh bad luck hi kharab hai !! i told u above, without much information plz do not try to give expert comments. and best is when i told u...       u are requested to not reply on my thread. do u always visit anyone's house without being invited ?  

rehne de bhai...tujhse ye case handle nahin hoga....

 

Now to your "expert opinions" :

1. She left the children and is not even bothered about them. I have been taking care of them since their very early ages...with my parents. Hence, no point of custody...she would not even apply for that...so... chill..!!

 

2. She is earning much every month. and with no liabilities on her and about 50 lakhs savings.... i doubt if the court will grant her a higher amount of alimony. On the other hand, the husband, earns and takes care of his both parents, and both kids and also the entire household etc. He has his own big house but lesser savings as he is spending much on the take care of all 5 in the family...since his marraige. So, maintenence also would not be a problem.

 

PROBLEM are the questions which i have asked above to start this thread, but havent got any clear answers on it...  but atleast get a broader picture from other experts... !!! 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     18 October 2015

Mr.Goheel,let us practice some practical manners when we are dealing with a delicate query.Why keep on provoking the querist?

T. Kalaiselvan, Advocate (Advocate)     18 October 2015

The question is about pending divorce case or a possible maintenance case in the future?

You have told that she has not filed any other case other than divorce so far and has not claimed maintenance  from you as yet.  If she is employed and earning a handsome salary, she may not become eligible for maintenance, this fact would have been made known to her by her advocate, hence she maintaining silence on that aspect.  For the present you may concentrate on your plans about divorce and other related issues to get out of this legal crisis and later on think about whatever that may emerge then.

b.goheel   18 October 2015

Mr. Goheel
thnx.!!!
bt mighty GOD wish Ms. before my name.

besides, Believe no one in the forum is in mood of provoking others.
read somewhere that the dv and maint. Hs no time limit. Recent judgment r the proof.
ofcourse it is a legal battle and none of my business.

appreciate and admire of trust queriest hv evn at this stage.
he claim she is under influenced of someone thn fail to understand why not getting advice frm tht one to file maint. Case.
fr a moment one believe the argument of queriest tht she is aware tht her case of maint. and for tht matter any claim as per queriest has no leg stand on in court bt again who decide tht – queriest himself before order of court !!!

moreover, even static of false 498-a .as well uproar in media and parliament does not refrain new entrant  to file. tht every person connecting with legal field aware of it.

by the way like to knw contract of Live in Relationship is legally permissible to those who are married or having a pending divorce case or just for both gendre who is living alone.

lies, one can tell bt it is very hard to continue effectively before Authority.
best example is arguments of lawyer of dreaded terrorist kasab.
i think it is a milestone of lie r never fruitful.

m uneducated layman in comparision.

the rising man   18 October 2015

Le......Goheel toh behan nikli... !!! cheeky   laugh   But why did not point that out when i was calling u bhai ? and u immediately mentioned that when  Sainath ji.. called u a Mr. ???????????

 

anyways, GOHEEL  - now as u a lady, cannot use any below the belt words...   so PLEASE stay away..!! OR are you facing the same problem... ??

 

 

In your words, you say u not a lawyer and not even a law expert.....then why you even trying to poke u nose when it is not required. You are seriously wasting your time here and of others.... ALSO, you loosing your own credibillty in this forum. kuch bhi kahin se padh lo and yahan likh do, does not make u an expert. 

 

 

Rightly said by Sainath Devala, every query should be asnwered practically and in a different manner........ not like the way you trying to do.  

SAINATH DEVALLA (LEGAL CONSULTANT)     19 October 2015

This is neither a nursery school nor a play ground to act as we like.


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