Live in relationship

Sir, I dont have anything to say about live in relartionship of any two persons. All the time , I make efforts to answer the query from the legal point of view, as it exists, rather than what we feel about it...  :)

Dear Arup sir,

thank u for your valuable information.

please find the actal story of my friend is below, which cover all the points.

1. the relation between the girl & my friend is in prihibited relationship as per your reply (point no.iv).2. anyone of them is never married. 3. l am the owner of that house in which they are living toghter with their willingness, but their parents don't know.4. both are 25 years old.5. they don't marry each other in a court or tampel.

please comments on the below points:

as i mentined above their parents not allowing them to do this, so can the parents can prevent them to live toghter if they know in future or can file a case againesy my friend? the couples know that they can't marriage as per HMA (not matter), but they want to spend their remain life toghter at any condition because of LOVE. now they are living toghter in a secret place. can their parents or anyone prevent them to live toghter if they file a case againest them in a court? 

pls Reply Sir.....

Under the above conditions there parents can not bring any case against them.

I Thanks you all for your kind informations......

if any points is remaining or not covered then please share it with me.

mr. Prabhakar, 

"In addition to this, there would be a punishment of simple imprisonment extended to one month or  fine which may extend to Rs.1000/-, if they admit of the marriage."

Please tell the sec of IPC/CRPC/HMA where it is mentioned.

Agree with Prabhakar Sir.

Yes mr. prabhakar ; you are right.

Attn. Mr. Sunil also.

5. Conditions for a Hindu marriage.

5. A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:-

 (iv.) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

18.Punishment for contravention of certain other conditions for a Hindu marriage.

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv) and (v) of section 5 shall be punishable- (a) in the case of a contravention of the condition specified in clause (iii) of section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both; (b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;

Under HMA, marriage means a marriage duly solemnized in due form. The parties concerned; not solemnized the marriage; they are simply living together; under this circumstances, HMA has no attraction power over the parties.

They are safe untill it is proved that, they solemnized a marriage under HMA. Complain will be on the grounds that - they solemnized a Hindu Marriage, and not that they are living together.

Here one more question comes; 'who can complain that, 'they solemnized a Hindu Marriage', Who is having lucas standi?

My brother got divorced and his wife appealed against the judgement in the high court.The case has been admitted and the stay forbidding my brother to marry again has been granted.The case is pending in the high court.My brother has been living separately since last 11 years.Now he is involved with a girl and who is legally divorced.They have decided to marry without any evidence(only pheras without any proof).My question is:

1.Can his first wife take any action against him if he starts living with this lady.Is it illegal for this lady to stay with my brother when the appeal case is pending

2.Without the marriage being registered or without a proof of being married,can the lady ,in future if their relationship does not work,harm my brother and to what effect?

3.If out of this relationship,a child is born,how will it effect his pending case.I mean.can the first wife take any action if the child is born from the the relationship.

please advice..

Thanks