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Author Topic: Live In, marriage allowed  (Read 1039 times)

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Offline issue2k15

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Live In, marriage allowed
« on: August 22, 2015, 07:29:41 AM »
My friend was in live-in relationship with a person for about 2 to 3 months. There was no marriage between them. They have exchanged garlands at home and started living together. There were no poojas or mangal sutram. They wanted to get officially married after both parents consent. Boys parent didn't consent the marriage. After few months when she insisted the boy to get legally married, then he left and never came back. Its is more than three years now. She would like to get married to another person.

Question1: Since its live-in relationship, does it considered as marriage?
Question2: If its marriage, since the boy left without any address, does she has to take divorce legally? If so, how to proceed as the boy isn't here? Home address provided by boy was wrong.
Question3: If she marries again, would it be legal case against her and the person/family she will getting married to?

Please provided valuable legal advice only, not guess work please.


Thanks.

Offline adv.amarnath

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Re: Live In, marriage allowed
« Reply #1 on: August 22, 2015, 09:35:54 AM »
Answer to the Query no. 1
As per the situation you have narrated, it is not at all a marriage or same be regarded as marriage.

Law point to be noted - As per Supreme Court rulings Live-in-relationship is considered to be marriage when they have been living together as well as acting to be as husband-wife relation.

ADVICE - The girl should not admit that she had a live-in-relationship at any point of time. Further if her relation had been consummated, on that event she must denied or suppressed the same to avoid future dispute or claim or harass from her ex-boyfriend.

Answer to the Query no. 2
Not required as remedy has been given above.

Answer to the Query no. 3
Absolutely not. There will not be any legal case. This is not a Hindi Serials airing on TV daily. But if the boy wants to harass her then he can file a case against her but the case will not be tenable in the eye of law and same will be dismissed undoubtedly.

For further query you can call or email me as given below.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline issue2k15

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Re: Live In, marriage allowed
« Reply #2 on: August 22, 2015, 09:52:01 AM »
Big thanks to amarnath ji for quick reply and advice as well.

One comment here sir regarding:

               Law point to be noted - As per Supreme Court rulings Live-in-relationship is considered to be marriage when they have been living together as well as acting to be as husband-wife relation.

If that person rans away from relation, doesn't it violate the definition of husband-wife relation, thereby, this point wouldnt be valid. This is just comment sir, i am not legal person.

Another question

Question 4: Its possible that her ex-boyfriend can come back with any proof that they were together and married, even though they have not performed any ritual and try to harass her after marring another person. Is there any precaution in legal terms that can be taken before she marriages?


« Last Edit: August 22, 2015, 09:55:46 AM by issue2k15 »

Offline adv.amarnath

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Re: Live In, marriage allowed
« Reply #3 on: August 23, 2015, 02:01:58 AM »
First you are requested to click on applaud just left hand side of my post.

The question of Running away from a relationship does not arise at all. Staying together does not mean a live in relation. If so, then two boys staying together in a rented room tantamount to leading a GAY relationship. This isn't so cause the nature of their behaviour and acting implied that they are friends. So, same rules applies in your situation. One boy and a girl can stay together as a friend, that does not mean that they are in a live in relationship until and unless both of them agreed to. Staying together for few months does not tantamount to the definition of husband wife. Moreover, if there is no consummation in their relationship, then from no square they are deemed to be husband wife.

Answer to query no .4
The boy can file a case against her at any point of time but that will not be tenable in the eye of law. As per your situation the boy has no evidence. Evidence is an optimistic nor illusive or imaginary. Mere photos of holding hands is not an evidence to prove of a husband wife relationship. Further if such evidence is brought then that evidence is required to be challenge strongly with cross examination or from forensic department.

What precaution you are asking? when there is no marriage tie up or prove of live in relationship earlier. Moreover, when she denied about the live in relationship with that boy. Though there is no precautionary measure in your circumstances.

Basically, if she denied that she had ever been in relationship under the definition of husband wife then no law or ex boyfriend will cause any harm or cause obstruction for her marriage. In the eye of law is virgin and she did no wrong for staying with a friend for few month as a room partner. It is we, the low mentality people think nasty that if a boy and girl spend a night or stay together in a room, then the girl is no more deem to be virgin and we dont trust her. SOOCH BADLO...TABHI TOH INDIA AGEY BADEGA...

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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