Hello,
Section 497 has been declared to be unconstitutional, so it is not a crime anymore.
Section 198A of Cr.P.C. relates to Prosecution of offences under section 498A of the Indian Penal Code and hence the same has no relation to you.
regards
Even before Sec. 498A is proved, and divorce is filed, can a married wife live with another man?
My friend is consistently subjected to mental and physical cruelty ever since their marriage of 4 years. They have a son. But recently she has been so aggrieved with her husband that she wants to move out with me. Her husband took away all the amenities and belongings from her and always keeps an eye on her. So accumulating evidences to proves 498A is out of question. But can she, at this moment, involve in live-in relationship with me? I'm talking from the perspectives of 497 and 198A.
Asked 6 years ago in Family Law
Religion: Hindu
14 Answers
Adultery is no more a crime. She is free to live in with you. But than she is not entitle to maintenance from husband.
Hi Sir, one more thing, the concerned friend of mine is reluctant to indulge in live-in relationship with me because she fears of harrassment from her husband's family. But the woman's family is also not ready to take her back. So according to the ammendment in 2005, can she legally move in her parents' house even if they are reluctant to let her stay with them?
Asked 6 years ago
Depends as to whether the property of the parents is self acquired or ancestral
Wife guilty of adultery is not entitled to any maintenance
2) she should not have live in relationship
If it is parents self acquired property daughter cannot claim right to stay in said property
Dependent daughter can claim residence agasint parents. If father property is declared HUF In Tax returns than she can claim residence being member of father`s HUF.
Respected sir
yes she has right to live with you only that is a moral wrong but not legal wrong so she or you need not to worry about that and she have right to file several cases against him..... there is not any single obligation that is against you
Thank you
The said moving out with you will give a point of adultery to her husband for divorce
1. Since adultery has no more been a criminal offence getting into live in relationship with you would not pose a major legal problem for you.
2. However if she files a suit for divorce and is her husband is not willing to consent for divorce then the grounds of adultery if proved in court then this lady will not be granted divorce a sthe party perpetrating wrong can not take advantage of her own wrong.
3. So it is better to amicably settle the dispute and go for mutual divorce probably at the terms of her husband.
If adultry is proved wife is not eligible to claim maintenance.
If she is a major and desires to stay out from the matrimonial home, she may. There is no criminal remedy u/s 497 now onwards due to the recent judgment of the Supreme Court of India but it must be kept in mind that it will make a ground for divorce by her husband and may also make her deprived of any maintenance (if the husband drags the litigation in that direction).
Yes, she can claim her share in the maternal home as per 2005 amendment.
She can choose to live with the person of her choice which is no more an offence.
It will not impact her ongoing criminal cases against him.
She may avoid marrying you before she gets divorce.
It would be better that she stay away from them if they don't accept her.
The 2005 year amendment has nothing to do with this.
If she was married before2005 then she cannot claim a share in the ancestral property.
No a married wife cannot live with another men before getting divorce from her husband as it will amount to Adultery and it can have adverse effect on her case of maintenance and 498 A
No she can't live with her parents forcefully if the property is self acquired by her parents.
