• Unmarried girl want to live with married man

If unmarried girl stay with married man in live-in relationship, how the married man can be saved from legal consequences of his wife and girl's parents. Man want to divorce his wife but she is not ready.
Asked 5 months ago in Family Law
Religion: Hindu

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21 Answers

Wife can file for divorce on grounds of mental cruelty and adultery 

 

make girl co respondent in divorce case 

 

3) she can also file DV case against st her husband 

 

4) no criminal case is maintainable against st girl 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

1. Even though the adultery U/s. 497 IPC has been removed as illicit sex is considered only as a civil wrong and does not attract criminal offence, but it can be sought as a ground to seek divorce.

2.  The married man having sex outside the ambit of marriage can also be charged for bigamy and is a strong ground to obtain divorce.

3.  If you marry this unmarried girl during the subsistence of your earlier marriage, you can be charged U/s. 494 IPC.

4. Unmarried girl will be free to take decision as she is not bound by any constraints as that of a married man/woman. Nobody will question her if she marries a bachelor or a divorcee or a widower but not a married man with the marriage subsisting

5.  Convince your wife to agree for Mutual Consent Divorce which saves time and money and then marry this unmarried girl. 

Shashidhar S. Sastry
Advocate, Bangalore
3807 Answers
227 Consultations

5.0 on 5.0

This is not crime but not socially [permissible either.

So be aware of social backlash than legal complications.

And if this fact is proved in court you are not going to get divorce ever. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

It is not illegal for an unmarried woman to live with a married man in a live in relationship.
Until they both are not married to each other during the subsistence of his marriage, it is not an offence.

His wife or relatives cannot stop him from living with the woman.

Kanniammal (2010) 5SCC 600, the Supreme Court held that a living relationship comes within the ambit of right to life under Article 21 of the Constitution of India. The Court further held that live-in relationships are permissible and the act of two major living together cannot be considered illegal or unlawful.

There is no particular law regarding the matter of live-in relationship in India. 

It may be considered immoral in the eyes of society but it is not at all “illegal” in the eye of the law.

The Allahabad High Court again recognised the concept of live-in relationship in Payal Sharma v. Nari Niketan, wherein the Bench consisting of Justice M. Katju and Justice R.B. Misra observed that, “In our opinion, a man and a woman, even without getting married, can live together if they wish to. This may be regarded as immoral by society, but it is not illegal. There is a difference between law and morality.

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

There is nothing wrong or there is no legal infirmity in her act to abandon her home to join you to live together with you in a relationship other than marital relationship.

You need not be worried about the reactions from your wife side for this relationship.

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

He can't be saved; he has to bear the brunt of his wife who can file a slew of cases against her husband.

On the basis of the act of the husband, wife is also having a ground to divorce her husband, just in case she is ready for this. 

 

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

Wife can file a case under bigamy (second marriage) against husband under Section 494 of Indian Penal Code, 1860 for which  punishment is 7 years. Husband has to obtain divorce from wife only than he can live with girl. Any live in relation is treated as marriage. Divorce is the only solution. For further clarification you may contact me through Pathlegal. Hit the like button if the advice is useful to you.   

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

Dear Concerned

 

Firstly the man should file divorce and immediately leave the company of his wife. 

 

After he has left his wife he can stay with the girl in live in relationship. 

 

Divorce- If husband can establish cruelty by wife he will get divorce. 

 

Best of luck

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

1. Supreme Court has decriminalised the said act of adultery for which no legal action can be taken against you for your saiod act.

 

2. However, our Society has not yet become that advanced for which police personnel (who come from our society) might try to cause some harassment initially which you shall have to bear with.

 

3. Engage a lawyer to get in rto action on call if you are found to be harassed by the pol;ice.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

1. She should send a copy of the said declaration to her local police station.

 

2. You also should keep a copy of the same to protect you from the expected future allegation that you have kidnapped her against her wish.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

What is the age of the unmarried girl? Is she below 18. If Yes, then live in relationship will not apply and it is a criminal offence. So the girls parents can file a police complaint against the man . If wife is not ready for divorce, then man is living in adultery, which is a ground for the wife to divorce him. if wife is not ready to divorce him, he can still file  for divorce and prove grounds like cruelty , etc. Court may grant the divorce but adultery works against the man. Does the man have children? 

 For any further queries, You can book a consultation with me

Megha Girish Wagh
Advocate, Pune
10 Answers

Not rated

Live in relationship is not punishable and she can live with anybody married or unmarried the actions taken by the person's wife will be on the basis of her marital status and he will have to bear the consequences however living with any other lady until and unless there is a complaint by the lady itself is not a problem

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Since she is an adult she is at liberty to make her own decisions in life 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Dear Ma'am/Sir,

1) The same is not a criminal offense thus no criminal legal consequences can attracted. The same will only have non acceptance with regards to societal norms.

2) The wife of husband in such case will have right to file divorce petition on ground of cruelty and adultery.

Thank you

 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

A person may live with an unmarried woman if she is a major. This is not a criminal offence.

If the wife is not ready to divorce him then too there is no problem. He should tell her that he'll live with her. She may then file a divorce case.

The husband has to give alimony/maintenance in case of separation.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

The man may either keep the woman separately without telling anyone or he may tell his wife that he wants to divorce her and hence she should leave. If she doesn't then there's nothing can do.

The wife's relatives may file cases against him ie domestic violence/cruelty etc. Which are usually filed but eventually they are withdrawn and separation takes place.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

- Supreme court declared that , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

- Further, Supreme Court has held that rape charge cannot be invoked in case of consensual sex between ive-in partners.

- Further, as per Supreme Court,  When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.

- Hence, if that unmarried girl living with with the man then there is no offence , and further his wife also cannot take any legal action against the man , except she can take divorce from the man on this ground. 

- However , if said girl passed with the man a more period as relationship , then legally she can claim maintenance and alimony life a wife under the Domestic Violence Act 

 

You can contact me , if detailed suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

1. Section 497 IPC which earlier criminalised adultery has now been struck down as unconstitutional by the Supreme Court of India. So no penal consequences ensue either for the unmarried lady or the married man if they start a live-in.

2. The wife of married man can though file petition for divorce on the ground of adultery and cruelty by her husband.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

-  Adultery is no more crime so live-in is possible. But playing with fire always have risk of burning. 

 

-  Unmarried girl declaration is no value because she can change it anytime

 

-  it is no crime only until you marry unmarried girl or she become mother without marriage. 

Then immediately it will become crime of bigamy. 

 

-  Further there are some complications like

if wife comes to house and abuse the unmarried girl in filthy words then she will loose her character in neighborhood. Then you might have to change place to live. 

The unmarried girl can loose interest, change her mind, want to get married, want children then she can herself file criminal charges.  

Ankur Goel
Advocate, Bangalore
355 Answers

4.9 on 5.0

He should execute an agreement with that girl and then the married men is safe from any future risk.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6086 Answers
288 Consultations

4.9 on 5.0

There is no remedy ,the man can only live with the unmarried girl after taking a decree of divorce from his wife .The parents of the unmarked girl still have options to file case against the man under relevant provisions of law .

Ashutosh Patel
Advocate, Jabalpur
5 Answers

Not rated

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