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Family »Posted 26 Aug 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

Unmarried man have live in relationship with married woman


Unmarried man have live in relationship with married woman   My question is if the married woman is harassed to the point of suicide thoughts, can she leave the husband and stay in the live-in relationship with the unmarried man. Can her husband file any suit against her for entering into this relationship?


   Dear MAdam
He can file criminal case of cheating case against you and can file divorce on grounds of cruelty.I advise you to take divorce and take maintenance and marry the person after divorce A.Satyawati ,Advocate,,.
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   Dear
Your husband can file a case of Adultery against the person with whom you are in live in relationship. Secondly, your husband can also file a petition for divorce on the ground of Adultery and cruelty.Now, you can file a divorce suit on the ground of cruelty. You can also file a criminal case u/s 498A against your husband.It would be better for you to file divorce, take the maintenance and then marry the other guys. Plz tell if any help needed.
Santosh goswami,Adv

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   Your husband may file a case of Adultery under section 497 of the INDIAN PENAL CODE against the person with whom you may enter into a live in relationship. he may also file a divorce case under the hindu marriage act if u r a hindu on grounds of cruelty and adultery u/s 13 of the hindi marriage act. you may file a criminal caser of abetment to suicide agaginst your husband u/s 498A ipc n proceed with divorce u/s 13 on grounds of cruelty .
MALIK ASSOCIATES ADVOCATES
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   hello,
you can live with but why dont you file a case against your husband who made you to reach to point of society. yes definitely if you are not taking action before then he may do so that is why it is better you file a case and lateron file a divorces petition also.
kusum gupta advocate
0
0

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   the husband can if likes file a divorce suit and also his case will be admitted by the honourable courts on the ground of bygamy.if she has the tendency of comitting suicide then she should save her life first by staying with may be an un married person. husbands usually never take other steps except divorce suits.


thanks
sambit mohapatra

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   YES, The husband can file suit a suit against the wife.
What suit he would file would depend about the real life situation (relation between husband and wife)and the advice of his lawyer. It is very much possible that the husband sees it as good riddance from the wife and therefore may not bother to file a suit.
By the way I think this query is more in the realm of abstract than real.
But if this query is real life then there are quite a few permutation and combination on both sides.
If you so desire you may contact for paid service.
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   Sir,

The remedy for the woman will be to file a petition for divorce on the grounds of cruelty and simultaneously seek maintenance. If, during the currency of the marriage, she lives with some one else, then the husband can file suit for divorce on the ground of cruelty and further, the said women stand to loose the chances of getting maintenance as well.

Rgs,

Chari
Advocate, Chennai
Sree International Law Associates

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   Hi, good evening,
whether your husband is harassing you or not, no woman can live in adultery.
when you are married to a man under law/ custom you believe in, you have right to consume the said marriage, if you think he is harassing you, you have option to leave him and file case against him for divorce.
But no law / religion appreciate/ approve adultery in India.
please send legal notice to your husband and then file case for divorce under harassment, cruelty, mental torture etc. and if you prove that, no court will disallow your petition. Once you get decree in terms of divorce, you are free to marry the man of your choice.
so my advice is go legal way.
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    your spouse can file a case of Adultery against the person with whom you are in live in relationship. Secondly, your spouse can also file a petition for divorce on the ground of Adultery and cruelty.Now, you can file a divorce suit on the ground of cruelty. If you are wife then You can also file a criminal case u/s 498A IPC. DOMESTIC VOILANCE ACT and also can go to take the maintenance your spouse and family.It would be better for you to file divorce.
for any other assitance call. .
shiv shanker saini advocate
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   No u can not with out getting a divorce
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   A married woman cannot live in leave in relationship without taking the divorce from her first husband else she will be liable for the action for bigamy. At the most she can file the case for cruelty and harassment and application for maintenance. She can also file the divorce petition on the ground of cruelty.
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   YES a married women can opt for live in relationship with unmarried guy they can be into live in relationship but that unmarried guy cant enter into marriage with that lady as it is barred under Hindu marriage act section 5 and also attracts penal provisions of penal code pertaining to bigamy . husband can file a petition under section 9 of Hindu marriage act for restitution of conjugal rites to re set his matrimonial home
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   Threatening to commit suicide by husband is a very weak ground for mental cruelty from the side of husband and can be treated as mere excuse in order to get divorce.

This silly ground will not legally allow you to make another living-in adulterous relationship in the presence of marital tie with legal husband.

If you want to leave your present husband, consider leaving him permanently either through Divorce by Mutual Consent of Divorce on Contest.

After getting the divorce decree from the learned court, you can marry the person you want to.

You husband can file suit for Adultery NOT AGAISNT YOU BUT AGAINST THE PERSON WITH WHOM YOU ARE CO-HABITING. As per Indian law in Adultery cases normally, the wife (abettor of adultery) do not get punished. Any man who made a sexual relationship with a woman who is knowingly to be wife of another person where that man reasonably believes that he is not her husband, is an offender of Adultery and can be sentenced to jail for a term of 7 years or fine or both.

So, be careful...your act can ruin the life of another person in adulterous relationship.
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   no a married woman cannot live in live-in relation without getting divorce from her husband so it will be better if one should take divorce and the do it
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