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Latha (IT)     26 October 2012

Legally marriage and live in relationship together possible

Me and my husband are staying together in India from 2003 together.We are both hindu.Due to opositions from both of our family,we couldnot do marriage in India.In 2011 we did marriage in swedan but still not registered our marriage in India.

Due to non-co-operation of our family members,i allowed a girl (whom i know from her birth,  Me and my family considered her as daugher,sister) to stay in my house in India just like a family member.I took care of her like one of our family members. Me,my husband and she was staying together in India from 2008 whenever we visit India.

Now i came to know after my marriage in sweden that my husband willing to marry her too and both admitted their affairs infront of her father and me too. When i came to know their affair in 2011, i always tried to oppose them and explained.Even her father tried to convince to stop further.But everything went -ve.But i learnt that my husband along with that girl started neglecting and disrespecting me.Its became a everyday fight as it started unneccsary disturbance in our married life.My husband willing to stay with both of us.To save our marriage ,i discuss with my husband for few compromise between we three.He agreed that i will be legally wedded wife and she will continue with live in relationship.But latteron he changed his mind to marry her with a wrtten statement from me.This i didnot agree  my husband told me that they will do temple marriage in India in my presence and i must agree it in written.I denied it as i thought it is not legally permisible.It may be a crime .Even i heard a mrried person cannot keep a live in relation . 

Can any lawyer advice me below :

Since we three are sharing same aAddress in India from 2008 but offcourse we stay together when we both visit India, will it be a live in relationship for that girl ? The house in India is in my name,not in husband name.Please clear me.

Can live in relation and a  valid marriage together is possible legally ?

If we have not regsietered our marriage in India,then our marriage will be void in India?

If marriage is not registered in India then we both have unmarried status in india ?

If in India  my husband will do a temple marriage ,court marriage or live in relationship without my  knowledge,then can i file a case agaist them if i wish ?

Please help me.My husband is harrashing me every day as i stopped talking with that girl. Now he told me if i dont accept their relationship he is going to divorce me.

Kindly direct me a good lawyer from bangalore also.



Learning

 8 Replies

vankar (student)     26 October 2012

actully i have two type of problems.

one is that i want to do register merrige before my angaged marrige with same girl in that case what should i do and what is the exact procedure and cost.

the second problem is that i have a friend who is blackmailed by a guy saying that he has the proof of their love marrige but according to my friend she had only given her signeture only on the register entry and also not gave any document at that time and one thing is that this whole process is done before one year so my question is that is that entry create any problem to that girl or what is the way to come out from this problem please help me in both case.

Adv. Chandrasekhar (Advocate)     26 October 2012

Can live in relation and a  valid marriage together is possible legally ?

No.  A man who has a legally wedded wife is not entitled to have live-in relationship with any other woman (either that other woman is already married or not is irrelevant).  This act of the man is called "adultery".  The legally wedded wife has got two types of civil remedies and one criminal law remedy.  The civil law remedies are - she can seek divorce on the ground of husband's adultery.  She can seek compensation under domestic violence Act for his adultery.  In addition to this, if she is severely aggrieved for his adultery or it is creating excruciating mental agony on the wife, she can resort to Section 498-A of Indian Penal Code for mental harassment, but for bringing this case to logical conclusion, very experienced and persuasive advocate (preferably lady advocate) is required. 

If we have not regsietered our marriage in India,then our marriage will be void in India?

Yes.  It is valid.

If marriage is not registered in India then we both have unmarried status in india ?

No.  But it s preferable to get the marriage registered in India on the basis of the marriage certificate obtained abroad.

If in India  my husband will do a temple marriage ,court marriage or live in relationship without my  knowledge,then can i file a case agaist them if i wish ?

If he will do a temple marriage leaving sufficient legal evidences, then he will be in a big soup and he has to face the bigamy criminal case, which is harsh in nature and attracts 7 years imprisonment.  Similarly, if he goes for court marriage, he will be guilty of bigamy (and in this circumstance, he will be leaving a solid legal proof of his guilt) and faces the consequences of criminal law for the offence of bigamy.  

Please help me.My husband is harrashing me every day as i stopped talking with that girl. Now he told me if i dont accept their relationship he is going to divorce me.

He cannot get divorce.  So do not worry.  If his harassment is beyond your physical and mental endurance, then you can resort to any of the legal remedies I suggested above and they will really help you at this hour of need. 

Kindly direct me a good lawyer from bangalore also.

Do not take any directions for a good lawyer.  Meet some of them and analyze them and come to definite conclusion.



 

Latha (IT)     26 October 2012

If we have not regsietered our marriage in India,then our marriage will be void in India?

Yes.  It is valid.

--- So my marriage will not be void in India.It is valid in India too.

If marriage is not registered in India then we both have unmarried status in india ?

No.  But it s preferable to get the marriage registered in India on the basis of the marriage certificate obtained abroad.

--- I have abroad marriage certificate but now i think my husband will not go for marriage regd in India as he wanted to marry that girl.Is there any penality for him if he denies for our merriage regd in India ?

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Chetan Joshi (Advisory/Advocacy)     26 October 2012

Both of you are legally wedded....

 

It will be illegal for you husband to marry again....

 

Law is still a bit liberal on registration of marriages....it is not mandatory....

 

Find a good lawyer and prepare for a legal course of actions....

 

Thanx

K.K.Ganguly (Advocate)     26 October 2012

1) The girl stays with you two in India. It does not state that your husband is in a live in relationship with her. The live in relationship is like husband & wife relationship outside the ambit of marriage & the husband & wife like relationship, which is associated with s*x ual relationship with your husband & the girl, can not be exepected to take place in your presence. So, she can not claim to have live in relationship with your husband. You can say that she is staying in your house as caretaker or guest.

2) No. it is an offence for your husband but for that you shall have to complaint. If you or the girl do not complaint regarding this s*xual relationship, nothing will happen to your husband. You can not complaint if the relationship is on a platonic platform.

3) Your marriage is valid in India.

4) You can teach your husband a very good lesson by bringing a charge of adultery if he stays with her for having s*x. Please note that since all three of you stayed together, his staying with her now will not make any fresh incidence. You shall have to establish the relationship between them. If he marries her you can bring the charge of bigamy against him.

5) If he is misbehaving with you, lodge a police complaint u/s498A against him  when both of you come to India.

Latha (IT)     26 October 2012

 

I guess they willnot have got any physical relationship so far.But whatever may be they both admitted that they love each other and want to marry in front me and my uncle (her father).SInce i am not agreed on their term and conditions, now my husband even ready for divorce. So what should i do now ?

-- I have planned to talk with other relatives and tell them to take her back ? If i do also i am sure she will not go.

-- Do i need to wait and watch what they are doing like marriage or live in relations? But everyday i am tortured by husband saying to accept or go for mutual divorce ?

-- Can i file case to that girl that our marriage is getting destroyed due to her ?

Surely i will have to file a case against my husband but what about that girl ? I want to punish both of them.They both are equally responsible.

Can i do police complain about both of their torture ?

Please help me.

Chetan Joshi (Advisory/Advocacy)     27 October 2012

I would sugget to find a good lawyer, prepare stategy and fight it!!

 

Thanx

 

Chetan.7679@gmail.com

K.K.Ganguly (Advocate)     27 October 2012

Your husband is the prime guilty person. The girl is his victim like you. Teach him a good lesson about the fact that marriage is not a game to be played by him. First a live in relationship with you then marrying you then again live in with that girl, now wanting to marry that girl even at the cost of divorcing you & you are finding equal fault with the girl.

 

Lodge a police complaint against your husband & his family members u/s498A  when both of you visit India.

 

Contact a local lawyer for this purpose.


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