Is it a valid live-in relation when the father is married? --- validity can not be questioned here as it is a personal liberty.
Arup (UNEMPLOYED) 24 May 2011
Is it a valid live-in relation when the father is married? --- validity can not be questioned here as it is a personal liberty.
Arup (UNEMPLOYED) 24 May 2011
Is it a valid live-in relation when the father is married? --- validity can not be questioned here as it is a personal liberty.
in a live in relation both party should be unmarried --- not necessarily.
priya (student) 24 May 2011
priya (student) 24 May 2011
Ambika (NA) 24 May 2011
I will strongly suggest to Mr. Arup to read the SC judgment and parameters set down carefully. He cannot simply misguide the readers here by his personal opinion. His personal opinion do not align with the definition that the SC has given to clarify the term Live -in-relationship.
However, what Suchitra ji has said is also valid. Even if it is a small locality they have held themselves as husband and wife, and 4 years is not a very short span of time. In all probability, the other woman will not be left without support. This is my personal opinion and I do not claim that my opinion is correct. Therefore I would request the legal experts to gfurther clarify on this issue , especially when Mr. Arup has for long time been (mis) leading the innocent readers to get into the live in relationship when they are going through the divorce or when relationship between husband and wife is not workiing out.
I am not talking about the morality or immorality, but I am talking about the legal parameters which the SC in its March , 2010 judgement has set down especially to clarify how a live in relationship should be defined. Certainly , these parameters has validity, more validity than what Mr. Arup is screaming in the name of personal liberty through big fonts.
A gentle advice to Priya: learn to distance yourself from the mess your father has made. You were your father's daughter and your mother was your father's wife. You were not the daughter of the second woman in your father's life and your mother was not anything for her, either. You are a student; you can constructively divert your attention and cope with the situation proactively. As for your fears about your future and married life, I have already written my take. Sorry if the advice does not suit your mood, but being an open forum, this advice may be considered as generic that one should start one's married life on a note of trust and diginity and not by hiding things. The best way for any one in your situation is to consult a competent lawyer to protect your and your mother's interest, rather than depend on differing views of some of us on the matter.
@Ambika
I am not talking about the morality or immorality, but I am talking about the legal parameters which the SC in its March , 2010 judgement.Arup cannot simply misguide the readers here by his personal opinion.
I totally agree with Ambikaji.
@Arup
Hema earlier saidhttps://www.lawyersclubindia.com/forum/1000-Thanked-Member-37128.asp to arup ,
he does only copy and paste the things with a single line with irritating and irrelevant remarks. he does not know the etiquette of net citizen. he always writes the entire post in capital letters, which is treated as abusive in the world of netizens.
above all, he preaches immorality to the people on the web site, always exhorting them to go for live-in- relationship, saying that the supreme court has given license to do
so, which is totally false.
I hope arupji should change his bad habits .
"A gentle advice to Priya: learn to distance yourself from the mess your father has made." Well said Ambika.
I can't help noting that Priya's dad has beaten her mom and she is claiming that it was because of the pressure from this other woman. It seems that the man can do no wrong. Oh well...
Jamai Of Law (propra) 24 May 2011
Amazing story,
I prefer to give frank advise and not merely to console anyone.
Your father did have illicit relationship with another lady ...... to the extent that they had a marriage in gayatri mandir, they lived together ....
As a daughter, and out of sympathy you may give any glorified excuse or justification to retain the fabric of family....but the facts remain unfortunately and not really in your father's favour.
Amazing thing here is that you and your mother ..... are probably giving a blanket condonation to your father.
So a woman is going against the woman ... here in male atrocities against female.
Only your father knows the real thing.. he may have lost the interest in her...and hence seems to have woken up.
But life is not that casual that .............. one can play with other's sentiments and life and dignity ............ and leave destitute once the PURPOSE is served or LOST the interest!!!
Your father can not get away just by saying second marriage is void!!. unfortunately if he resorts to that ...it would unnecessarily bring the other party into defense to counter it !!!
'Reti mein dhas jane ke bad .... jyada hulchal karne wala .... aur andar dhaste jata hai!' .
You all need to tackle the situation ... that's all ... concentrate to limit the damage or shorten the damage ... instead of countering against it .... when one's side is convincingly weaker.
Father has to do negotiate and pay off to settle it once...
Once catching the cancer due to mindless addiction of tobaccco (even I am mindless in that aspect!) , one can't complain that the treatment of cancer is too expensive!!!
Your and your mother's forgiveness is the noblest thing in this world ... no doubt ... it really takes courage to forgive .... but one need not automatically put the other party as a culprit ..... fogive other lady also then!!!
Your mother and your grandparents etc and other relaties, ............. probably may be feeling even more helpless
Tajobsindia is correct!!
Its very important what your father wants indeed!!
Nobody else can be a party into this dispute.
Unless anybody provokes that other party (who's asking 1500 pm from your father for life) ... she may not climb the doorsteps of police...or court ... by your action don't make her do so atleast... Everybody tends to get defensive whether victim or culprit ...
Your actions may encourage her and sensitise her to stand in forceful opposition.
Your proactive action make escalate it adversely ..... understand that the other party may also be a genuine victim of your father's false promises .....
had that party been more appealing and promising to your father ...then your mother and you would have ended up in destitution, god forbidden,(... this is how males think and now a days many females think of males.But the fact is that even females have become consumerist as equally as males!!! )
Then your affection to your father ............ would have shaken probably!!
Now yor father has 'changed the party' ...and hence you find that other lady is the culprit ....
As you must be in your formative years of career and on the path in quest of your destiny .... move on ........... and look only forward ...................
and concentrate on your own aims and goals!!..and pursue those penchantly ......... find your own paradise ... like a grown-up bird leaves the nest and to spread his wings in the air ... on his own !!!
Best luck.
My heart goes out to Priya's mom, who cannot spread her wings and fly away. Who probably knew/ suspected all her husband's secrets all along (woman's intuition!) but has suffered them quietly and borne his beatings for the sake of her kids. I hope the saintly father is not taking out his frustrations on her even now.
Sarvesh Kumar Sharma Advocate (Advocacy) 24 May 2011
Priya,
1.collect all the documents in which she is using surname.........
2.watch,record and capture all her activities...........and
3.there some drama is also needed fron your side ,for get rid of.
see,
there is nothing from fear,just face every thing with a strong counter,
i am agree with mr. Arup and mr. Vyas and all above membars that in this matter your father is also on fault,
but overall the matter is releted from your family.
so, don,t fear, it is eassy to say rep,but difficult to prove.........
and every thing is going on at your home(that is your place)
there r so many points which can become out when you will redy to face the matter strongly.
come out from unknown fear!
I AM REDY TO HELP YOU!
HELP IN ANY WAY................................
BAR BAR MARNE SE EK BAR MARNA ACCHCHA HAI!
GOOD NIGHT.
Arup (UNEMPLOYED) 25 May 2011
I hope arupji should change his bad habits .
--- kushan ji reality can not be changed.
i dislike blind opposition. her party doing so. therefore ...
let me have the access source of the said sc judgment. i like to comment on it.
i am sure sc will not go against the present established rule of parliament, and if so it will correct itself, as happened in the case of rulling of emergency, -- the then sc support emergency, whereas recently it was agreed that, that was wrong.
Arup (UNEMPLOYED) 25 May 2011
here the thread question is how to save the family from the other woman, not merits and demerits of live in, but the discussions going on that line. the bellow was suggested, which is in line with the thread question.
Arup
UNEMPLOYED [edit] |
it is at present not under considaretion that, whether the said relationship between the said father and that woman is live in or not? bring your father from the grip of that woman. forget about maintenance and all other things. this is the first job. |
zimmerzapper (student) 25 May 2011
dear priya i know how it feel when someone wrecks your house. my legal knowledge isn't that good so i can't give you any good advice. if you find any of the advice given other members helpful, follow it
THE SECOND LADY IN THE LIFE OF YOUR FATHER IS THREATENING YOU AND YOUR FAMILY.SO KINDLY NOTE THAT.
1.IT IS A FACT THAT THE UNWANTED THINGS HAPPENED.SO FACE THE FACTS BRAVELY.BE CONFIDENT AND DO NOT BE AFRAID OF THAT SECOND LADY. KINDLY NOTE THAT SHE CAN NOT TAKE ANY LEGAL ACTION AGAINST YOU YOUR MOTHER AND OTHER FAMILY MEMBERS. SO BE TOUGH AND FIGHT AND DEFEND YOURSELF.
IN REAL LIFE YOU MAY COME ACROSS SEVERAL CRIMINAL MINDED PERSONS BOTH MALE AND FEMALE .THEY MAY TRY TO TRAP INNOCENT PERSONS AND BLACK MAIL THEM..AND EXACTLY THAT HAS HAPPENED IN YOUR FATHERS CASE.
2.FATHER HAS REMARRIED DURING LIFE TIME OF HIS FIRST WIFE.SO HE HAS TO SORT OUT THIS.
3.BEST WAY IS YOU AND YOUR FAMILY SHOULD COME TOGETHER AND ASK YOUR FATHER TO SHIFT FROM THE PLACE OF RESIDENCE AND ALSO CHANGE THE WORK/JOB AND SHIFT TO DIFFERENT PLACE.
4.IT IS ADVISIBLE THAT YOUR MOTHER SHOULD FILE A COMPLAINT IN COURT UNDER PROVISIONS OF SECTION 494 AND OTHER PROVISIONS OF INDIAN PENAL CODE AND NAME YOUR FATHER AND THAT LADY AS ACCUSED..POLICE WILL TAKE LEGAL ACTION AGAINST HER . YOU MAY HELP YOUR FATHER BY TAKING ANTICIPATORY BAIL. .THIS COMPLAINT SHOULD BE DIRECTLY FILED IN THE COURT SO THAT IN FUTURE YOUR MOTHER CAN COMPROMISE THE MATTER.KINDLY GET THE MATTER CAREFULY DRAFTED FROM LEGAL EXPERTS.Y0U WILL SUCCEED.GOOD LUCK.
AS THIS IS A CRIMINAL COMPLAINT THE SECOND LADY, IF OF CRIMINAL NATURE WILL BE SCARED AND HER PREVIOUS CRIMINAL RECORD WILL ALSO BE DISCLOSED.AND SHE MAY COME FOR COMPROMISE.
YOUR MOTHER SHOULD NOT COMPROMISE THE MATTER UNLESS ENTIRE MATTER IS SETTLED .YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.WILL HELP YOU.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.GOOD LUCK.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE