• Can I enter in live-in relationship

My self a 36 year old sikh man married to a hindu brahmin girl in 2008 (Love Marriage) in arya samaj mandir has 2 kids from my marriage. We both are working in same institution . She has mistaken my relationship with one of a female colleague who is a widow and having a 5 year old kid . Working in same institution . But as of now the things have gone worst by my wife . She has continously blamming both of us . And put this matter to the management of the institute . Due to which i have resigned from my job. And even the institute is asking the lady to resign. She has no one standing with her except me. Management is handeling my personal issue professionally.

My queries are :
1. I want divorce from my wife and i know that she will not agree for mutual . On what grounds can i give divorce to her ?
2. Can i live separate from her ? 
3. Can i live with someone in live-in ?
4. How legal is my marriage ? (Arya samaj)
5. After divorce can i take my kids with me ?
6. Can my wife take any legal action against her ? If yes what precautions she should take ?
7. Is management has right to dismiss her immediately without giving her one month notice ?
Asked 4 years ago in Family Law
Religion: Sikh

2 answers received in 30 minutes.

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15 Answers

1. You have to divorce her ground of mental cruelty as mentioned under section 13 hindu marriage act. You have to established that she put false acquisition against you that lead mental torture and cruelty.

2. Yes you can live separately.

3. You can live with unmarried women though you cannot marry further you wife can use this as ground of divorce. But you need to take care as she can put a case of bigamy stating you married other women.

4. Arya smaj marriage is legal.

5. Yes you can file for the custody of the children you have to contest that.

6. Your wife cannot take any legal actions against her.

7. No , she should file before the labour court asking for reinstatement and arrears of the salary as she was wrongly terminated.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File fir divorce on grounds of mental cruelty

2) wife accusing husband of having extra marital affair amounts to mental cruelty and is ground for divorce

3) you are at liberty to stay separate from wife

4) don’t enter into live in relationship

5) arya samaj marriage is valid

6)court would decide issue as to custody or kids

7) management can terminate wife as per clauses in appointment letter

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1 depends on so many circumstances.

2 yes

3 Not permitted by law until you are married.

4 Valid after divorce of previous marriage.

5 Yes

6 She can take so many legal actions.

7 It depends upon policy of the company and employment conditions.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Following are the answers of your question.:-

1. yes you can divorce your wife on the ground of cruelty.

2. yes you can live separate from your wife.

3. You marry with anybody live in relation.

4. Arya Samaj marriage is legal and valid.

5. For custody updates you have to file a petition in the court in this regard.

6. Yes you can complaint about adultery.

7. The management has right to worn the lady and then may terminate her service on the behaviour allegations

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Press your divorce on the ground of mental cruelty. Suspecting wife's character amounts to cruelty. This is the law and based on this, you may press for your divorce from your wife.

2. Yes

3. No, this will give her base to institute a number of cases against you. Once you are divorced, you can start living with the other lady.

4. Perfectly valid.

5. That depends on the divorce decree.

6. Not really, she cannot file any direct cases against the widowed female.

7. No, but this depends on the terms of the appointment agreement.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Concerned,

Answers to your queries

a. Technically you are in an extra marital affair hence you are at fault - any case you want to file has to be filed on basis of created cruelty, however please be informed that this may definitely back fire as the proofs of your extra marital affair are already public i.e in your institution hence beware.

b. Yes you can stay anywhere you want to .

c. Yes you may live with who ever you want to .

d. Marriage is legal that too when you have kids from this marriage.

e. Depends - IF your divorce happens on ground of extra marital affair - you will not get the kids, you will not get custody of daughter if any in any case but if your son is older than 5 years you may claim custody

f. No your wife can not take any legal action against her - only she can hamper her image socially

g. No management can not dismiss her on her personal issues. any such step will be illegal.

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Hi

1. Grounds are better known to you for divorce from your wife. Cruelty can be one of them.

2. Yes you can live seperate from her.

3. Yes you can live with anyone in Live-in.

4. Your marriage is all legal.

5. Yes you can take your kids with you after marriage but for the permanent custody you need to file a custody petition if your wife refuses to give you your kids.

6. No your wife cannot take any legal action related to the your relationship. But yes she can file any criminal complaint of any other nature like cheating or anything else. Chances are less.

7. Thats upto management that she will be dismissed on which grounds.

Thank You.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

hello

divorce can be granted on various grounds like cruelty, a breakdown of marriage, irreconcilable differences and various other grounds like adultery desertion etc.you have to show that there is a complete lack of mutual understanding and differences are huge. you can live separately from her but you cannot live in a live in a relationship although there can be no consequence if you do it. your marriage is legal and you have lived together for 7 years as husband wife and therefore the court considers you man and wife. the court grants custody of kids to the person it thinks fit. you have to fight your case in case your wife also demands custody. your wife cannot take any legal action against her as there is no law to punish neither you.

the management is wrong in dismissing her without giving her one month notice as it should have demanded an explanation and in case they felt she acted against the policy of the college they could have dismissed her.

regards

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Hii

1) If your relationship is proved with other widow lady and then yes your wife can take this case legally and she would be justified and chances for kids custody would be less.

2) You can file for judicial separation.

3) For filing divorce apart from mutual concerned needs minimum two year's separation.

4) yes the other lady can be sacked or fired with or without notice

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

1. You shall have to understand law in its proper perspective. There are few grounds acceptable by law based on which you can seek the decree of divorce like cruelty which you shall have to prove with evidence. In your case she might be able to submit some evidence of your having affair with that lady. Moreover, you can not give her the divorce, it is the Court which will issue the decree of divorce being satisfied with your submission of evidence in support of your allegation against her about cruelty. If you can prove that you have had no relationship with the said lady and your wife's allegation is completely false for which you have lost your job, then you can consider it as an act of cruelty on the part of your wife based on which you can file the divorce suit against her.

2. You can live separately from her.

3. you can not live with any one of opposite s*x during the pendency of your marriage and if you are caught living with that lady, then your wife will get evidence in support of your cruel action on her rather that your proving the charge of cruelty against her.

4. you have married in Arya Samaj and have got two kids. Your marriage is perfectly valid as per law.

5. Mother is the natural guardian of her children up to their 5 years of age.You can file an application praying for your custody of the children for their welfare which you shall have to establish with evidence.

6. Your wife can not take any action against her for your having the alleged affair with her.

7. It the management has is satisfied that she has done misconduct as per the Service Conduct Rule of the organisation then certainly she can be terminated. Normally management asks the person to resin and in case of refusal, the Management takes steps to ease her out or create such a situation that she is compelled to resign.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Divorce petition can be filed on the ground of cruelty as a false accusation of extra marital affair is an act of cruelty.

2. You are free to live with someone else.

3. You can also live separate from your wife.

4. Your marriage is perfectly legal.

5. The issue of child custody can be agitated in the courts independently of the divorce proceedings.

6. It is not difficult to file false cases in India. Your wife too may do this saying that this woman has beaten her or threatened to kill her. Tell the woman to install CCTVs at the entrance of her house and also within house.

7. Management cannot dismiss her without a show cause notice in this scenario.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. You can file a divorce case on the grounds of cruelty.

2. Yes, you can choose to live separately away from her, she canot do anything legally to live with your together except to file a restitution of conjugal rights case.

3. There is criminal offence in having extra marital affairs however she should not be somebody's wife because there are possibilities for her husband to file a criminal complaint for the offences of adultery with the local police station.

4. If solemnised properly then it is a valid marriage.

5. If your kids are with you then you can take them or else you may have to file a child custody case to take them with you.

6. No,. she cannot take any legal action against her.

7. The management rules and employment offer letter conditions are to be gone through to render proper opinion to this.

T Kalaiselvan
Advocate, Vellore
78106 Answers
1543 Consultations

5.0 on 5.0

Even if it is proved that you had sexual relationship with her, nobody including your wife can lodge a criminal complaint under section 497 IPC for the offence of adultery can be filed before police other than her husband, unfortunately she is a widow.

Therefore be free that no one can file an adultery case against you.

T Kalaiselvan
Advocate, Vellore
78106 Answers
1543 Consultations

5.0 on 5.0

Only her husband could have filed case of adultery against you

Since her husband is dead no case of adultery is maintainable against you

You had consensual sex with the lady

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Wife can file divorce based on adultery but she also cannot file any criminal case against you.

No adultery case can be filed only divorce can be taken as in India adultery can be filed only when you have relationship with the married women.

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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