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AARKAY12345 (student)     22 December 2009

Living relationship in India

Hi, would like to know if a couple is living together without marriage for a loge time of say 4-5 years and they had a baby from their relationship. Where my friend (The Man)  was already married to a girl who was a Heart patient and she left him 4 years ago, but filed a case in court for Maintenance, which is still going on.

Now the previous wife has filled a case under IPC 494 for Second marriage.

Will my friend be punished for this ? If not in what ways he will be able to fight against ?

 



Learning

 16 Replies

Raghav Sood (Lawyer)     22 December 2009

i dont think so there is no valid proof of second marriage burden of proof lies on complaiant better chances of acquittal from your query it emerges that no 2nd marriage has ever happened so it cannot be proved

AARKAY12345 (student)     22 December 2009

 Dear Raghav, Thanks for your reply,  

Can my friend say to court that he is living with the second lady as a living-in-relationship?

or let me put in in other words  

Is living-in-relationship is legal? Can this be objected?

Arvind Singh Chauhan (advocate)     22 December 2009

Agree with Raghav Sir, but depents on proof.

Anil Agrawal (Retired)     22 December 2009

 There is no question of proof. Adultery can't be proved and anybody can live with any other person. There is no bar. 

Honestly, it is free for all now in India.

Raghav Sood (Lawyer)     22 December 2009

AARKAY12345 the best weapon for the accused is to remian silent dont utter about live-in relationship your denfese shall have to be pure denial

let her prove she will patently fail to prove the susitance of second marriage as there is no marriage

Raghav Sood (Lawyer)     22 December 2009

Is living-in-relationship is legal? Can this be objected?

regarding legallity of livin relationship as far as my prudence no law recoganizes livin relationship in india except POVDVA 2005 that too for secureing right for women in such relationship

it can be objected by those who are preturbed by it

no objection by those who has to live in certain circumstances


Can this be objected? is indeed dificult query for Raghav to answer


(Guest)

Even without marriage if woman and man agree to live togather it is not a crime. But our indian society doesn't accept.

 

The question of second marriage doesn't arise. How can your friend's wife (first)  file a case against him under Sec.494 IPC?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 January 2010

Live in relationship - it is neither legal, nor illegal - it is confirmed.

One can bring petition under sec.494, but burdain of proof upon  him/her.

Among Hindus, eight forms of marriage are there. One of them is 'Gandharba Vivha' - where man and woman accepted one other as a life partner. No specific religious function was prescribed for it. One fine evening they started living together. Arjun of Mahabharat, king Dushmant, went on such marriage. In western concept such type of marriages are called 'living together'. But indian society also accept it, not at once but at latter stage.

In india, at every corner such types of marriages can be seen, under diffrent name and rituals and even no rituals. At Chattishgarh, such type of marriages called 'Churi pahanana' wearing bangles by male to female. All these not covered by sec 494. Sec 494 only covers the 'Prajapati vivaha'. If you got summons then come here again.

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     23 January 2010

 

 

Dear Mr.AARKAY,

Sorry to say but situation is very against you now a days.

First as per latest law, even illegal wife can claim maintenance.

On the other hand If couple is living together for a long time then court has also declare it as legally wedded wife. Moreover to prove the relationship, only DNA test of your son from second wife will be sufficient.

Therefore the best way is try to defend 494 properly and make the compromise with first or second wife. Else you will be in trouble.

Good luck.

Anil Agrawal (Retired)     23 January 2010

 Request citation about 

court declaring legally wedded wife if man and woman lived together for long time without marriage.

Thanks.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 February 2010

perhaps people confused about  the word 'marriage'. legally valid marriage is somehow different than the others.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 February 2010

it is well defined by the court and the act.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 February 2010

"if a couple is living together without marriage for a loge time of say 4-5 years and they had a baby from their relationship."

"Now the previous wife has filled a case under IPC 494 for Second marriage"

let the privious wife complain; she has to tell the place; date and time; and the witnesses present at the marriage to stand her case prima facie.

when you have not married the girl, why are you worried? baby - is the proof of having intercourse between the partners; but not of solemnization of the marriage.

Kumar (Officer)     12 June 2011

What are the evidences( eg joint lease agreements ) to prove a past live-in relationship?  ( if the boy and girl never got married together or had any children). 


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