• My wife is living with umarried man under live & relationship agreement

Me and my wife were living at her father's house in mumbai and on date 5/01/18 she stepped out of house so i and my in laws went to police station and filled a missing complaint. On 11/01/18 she called us and said i am in live & relationship with her freind ajay & living happily. After some days with police help we got to know that she is in palanpur, gujarat her dad went to palanpur with mumbai police and there she refused to come back, so mumbai police taken her statement and back alone to mumbai so my question are--- 
 1-what should i do against her freind or her 
2-she can live with that guy to her lifetime under agreement ?
3 - i dont want to give her divorce, she can take divorce from me under legal support?
4 - live & relationship have any time limit? After completing it she can take divorce from me?
5- any other best option for me to do ?
I am really confused what to do because every other law is in her favour please suggest with really some best way how should i not let her go to that guy?
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1.File a FIR of adultery to the boyfriend and wife and get them punished.

2.Only after taking the divorce.

3.If she don't wish to live with you you can not force to do so.

4. No time limit but she must have divorce legally.

5. Case of adultery and petition of divorce is the best way to get rid of any such problem.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) file case of adultery against her boy friend under section 497 of IPC

2) for for divorce on grounds of mental cruelty and adultery

3) wife guilty of adultery is not entitled to maintenance

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hello

File a case under section 497,498 of the IPC .

You can also file a case under section 9 of the Hindu marriage act for restitution of conjugal rights.

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. You can file an adultry agaisnt the man under 497 ipc as only man can be charged under adultry there shall he mo criminal case agaisnt your wife.

2. Police shall arrest and there shall be trial for offence.

3. You can take divorce if you wish on ground of Adultry.

4.no it is not permitted to live with any one in a relationship after you are married.the man with whom ur wife is living has committed an offence of Adultry.

5. No law is in her favour file a police complaint of Adultry and take a divorce she has.committed wrong she is not entitled to any relief under any law. If she files.divorce than she will ask alimony maintenance and access you of false allegations.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Concerned,

SHE IS YOUR LEGALLY WEDDED WIFE - hence she can not get into live in relationship - she is commiting an act of adultery.

Now you have documented proofs - statements taken by police that she is staying in live in with someone else..... DONT wast your time for this woman and file a divorce, also file a case of adultery against this guy ajay - and the police report / statements of your wife would be more than enough to prove the adultery and the admitted live in aspect.

You will not need to pay her even a single penny under the circumsatnce you have mentioned above.

Best of luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. If you wish to leave her then ask for mutual divorce as this marriage is not going to work.

2. As long as you are married with her she can not lie with this man as this adultery under section 497 IPC . So you can lodge complaint under section 497 IPC on which basis FIR can be registered.

3. If you do not want to give her divorce then pursue the case of adultery against her live in partner under section 497 IPC.

4. Live in relationship is itself illegal and there is no time for this to make this valid.

5. Better dissolve this marriage amicably. There is no meaning keeping this marriage tied with her unless she ready to reconcile with you.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

I am not understanding if your refusal to take any step is stemming from your fear that given the strong laws in favour of women, she may later on make your life miserable or whether it is on account of any financial dependence on your wife and in-laws. However this fear is going to achieve nothing and just make you feel that there is a constant sword hanging over your head. Firstly, collect a copy of her statement and the entire investigation from the Police Station. Appoint a private PI and obtain concrete proof of her relationship. Once you have all the proof, you can file for Divorce on the ground of adultery and cruelty.

1. You can initiate complaint under Sec 497 against the man.

2. There need not be any agreement. She can live with him as long as she desires.

3. She can file for Divorce but unless she is able to mask her affair and produce incriminating evidence against you, she is not liable to succeed.

4. No live-in relationships have no time limit or completion date.

If you genuinely want to save the marriage, try reaching out to her, talk to her, go for marriage counselling.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

1. Lodge a case of adultery against her male friend, besides filing a writ of habeas corpus against him.

2. Yes, she may file a case of divorce against you. In case she does so, you may defend her claim.

3. Yes, but do not worry you will have ample of opportunity to defend her claims.

4. No time-limit. You wife and her friend are in an adulterous relationship. This is an offence under the penal code.

5. File habeas corpus writ as suggested.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file a divorcee case against her on the grounds of adultery and can lodge a complaint against him under section 497 IPC for the offences of adultery.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can file a case of adultery against that person. But it is difficult to prove adultery in court. You can also file Divorce against your wife

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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