Marrying a guy whose divorce case is on

.

.

.

.

I believe 498A is already going on in this case.

But does live-in fall under cruelty envisioned in 498A ?

Cruelty in the context of 498A is:

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Adultery/Live-in don't fit in these categories as there's no grave injury or drive wife to commit suicide. Of course there's no coercion related property too here.

But if someone disagrees, I'd request to provide judgements wherein a live-in couple has been punished under any IPC section.

It's common practice these days to start live-in while divorce proceedings are going on. Society and judges have come to accept this. 5yrs is too long to fight this battle and still hope to get justice.
 As I said before even bigamy is very hard for conviction and there are hardly any convictions. So live-in is far safer option. If the couple is careful, even live-in can't be proved for e.g., man can claim that he's a tenant in the woman's house of vice versa. There are so many ways, lawyers can suggest better based on the exact context in which the couple is living.

But conviction is next to impossible and the couple should not fear anything.

Thanks so much Amit, for your inputs. Now a days woman's are taking advantage of the woman oriented laws about Divorce in India. Is any changes in these law are expected in near future.

Is there any other court or this case can be shifted from Delhi to any other city, from where it could be fought better or can come to an conclusion on this ASAP. That woman spoiled two people's life without realising one of them is she herself.

The definition of cruelty under Sec498A is widened to great extent after many judgements.I have read several judgements by various courts in this forum who states husband's extra marital affair is also a cruelty on wife and falls under the section.

Ranee, please furnish some judgements that are relevant to the present Archana's case. It'll help all.

Archana, contact a good lawyer in Delhi. As far as I know, transferring will not happen. Why are the cases getting delayed so long? Is divorce case going on? I am sure his wife also living with some other man as she can't keep waiting for 5yrs for this to be resolved and then marry and have babies. If you find out some truth about her, it may help you both. If divorce case is not filed yet, file one.

Apart from this, let the cases go on and you can carry on with your lives. Good luck again.

Because of myself, who is not a practicing advocate, I have no such judgements saved..but I have read those in this forum.....if you search post Of @Beni Prasad, you can have these...

Wife can't accuse husband's girlfriend of cruelty: SC

Dhananjay Mahapatra, TNN Sep 16, 2010, 02.06am IST

NEW DELHI: The other woman in a husband's life could universally be the major source of marital discord but the wife cannot accuse the girlfiend of causing mental cruelty to her under Section 498A of Indian Penal Code, the Supreme Court has ruled.

No case under Section 498A could be slapped against the other woman -- "be it the husband's girlfriend or concubine" -- even if it was found that she lived with him after estrangement with his wife, it said. At best it could be a ground for seeking divorce, it held.

This decision was given by a Bench comprising Justices Altamas Kabir and A K Patnaik while allowing the appeal of a woman who was accused by a wife of causing her mental cruelty by living with her husband after the couple fell apart.

Significantly, the Bench set aside the decisions of the Jharkhand trial court and the High Court, both of which had held that the girlfriend was liable to face trial in the mental cruelty case.

The question which arose for adjudication before the Bench was a tricky one -- "If a husband was living with another woman besides his wife, whether the same would amount to `cruelty' within the meaning of Section 498A".

Justice Kabir, writing the judgment for the Bench, said, "If such other woman was not connected to the husband by blood or marriage, the same would not attract the provisions of Section 498A IPC, although it could be an act of cruelty for the purpose of judicial separation or dissolution of marriage under the marriage laws, but could not be stretched to amount to cruelty under Section 498A."

Referring to an earlier judgment, the Bench said the SC had categorically held that neither a girlfriend nor a concubine was a relative of the husband within the meaning of Section 498A of IPC as they were not related to him by blood or by marriage.

Under the provision, only the husband or his relatives who subjected her to cruelty could be charged under the section, it said.

Dismissing the case filed by the wife under Section 498A against the husband's girlfriend, the Bench said, "If no marriage has taken place, the question of one being relative of the other would not arise."

Archana, go through the above S.C decision.

No case under Section 498A could be slapped against the other woman

Dismissing the case filed by the wife under Section 498A against the husband's girlfriend,

women never punished.

only the hubby is culprit

here is the full judgement

anyways, i got a new judgement in my case.

marriage already declared void - & 498a going on

Only gf or the concubine can not be accused..but the husband having a concubine is a cruel husband u/s 498a

:)

......so, after going by the SC judgement reference given by Mr Rao, i think the author of this post can very well go ahead and marry the man she wishes even if he is not divorced, provided the marriage is a well kept secret, and the author disguising as his girlfriend, if indeed they were to be caught. it is rightly mentioned by Amit in this thread, that the author can very well hide the marriage and live a life, instead of waiting for 'justice' for endless years.

@the author,,,,your intentions are very good for the husband, you might very well proceed by your plan, provided the marriage is a well kept secret............dont wait for 'justice' as it is never given on time.......