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  • Category: Indian Law

    Is it legal to have marriage and live-in partner?

    Is live-in partner relationship legal in India? Check out this page to know more about live-in partner relationships.

    Known person had arrange marriage which is going good but his x-girlfriend now wanted to be his wife too. She don't have problems being second wife. Now legally she can not be since he is Hindu and also provided his first wife might divorce him if she get to know about his past. He is mentally stressed because of his girl friend had heated argument of suicide. Now instead of marriage and divorce can he choose her as live-in partner legally? What rights live in partner might not have in that case?
  • #141369
    Legally it is not allowed. Also it is better that the guy keeps distance from his ex girlfriend. His married life is going good and he should not spoil his married life. Also he should not cheat a woman who came trusting him. He should strongly ask the girl to move on in her life and he should move on with his wife.
    On what circumstances did he break up with his ex girlfriend? Was it his fault or her's? And after how many years of his marriage did she come into his life? I asked this because if it was a girls fault he has strong reason to avoid her. If she disappeared and came after few years, even then he has a strong reason.
    It is better he doesn't care for his ex girlfriend's threats. He should strictly ask her to move on and avoid him. If she doesn't stop, it is better he speaks to his wife and explains her everything. Because there might be chances that ex girlfriend might try to create a rift between husband and wife. If he is happy and loves his wife, there is no way he can think about living with his ex girlfriend. Also legally it is not correct.

  • #141373
    I have read the question minutely and very seriously. My response is given below:-

    (a) If the male involved in this case is a Hindu and he married his wife legally according to Hindu custom or by registration, he cannot legally live with other woman. This would be a criminal offence for him.
    (b) Not only the criminality, if the person lives with two women under the same roof, it would create social tension, tension within the family and unnecessary problem for the next generation.
    (c) The second companion of the man (i.e., the so-called ex-grilfriend) and her future children with the man would have no legal rights or rights on the legacy of the man.
    (d) It would be advisable for all three to immediately meet a marriage counsellor for proper counselling. I am afraid that the the second woman involved in this case (the ex-grilfriend) may have to undergo prolonged counselling or even psychological treatment to check her suicidal tendency.

    Beware! I question everything and everybody.

  • #141374
    In case of Hindu marriage act, the guy has to divorce the first wife in order marry the partner in live in relationship. And whether he marries or not, the child through live in relationship has same right as the child through wedding. However for partner to get legal married wife standing, she needs to marry. Partners who stay for more than 3 years together are legally bound to each other. The child through live in partner is legal for the partners property and child support. Also the woman who is in live in relationship for more than 3 years. She is also liable for the share for the property in partner. This was recently given in single verdict. However it is yet to converted into a law. In your case, however the issue is less legal and more of sentimental. Considering this may require counselling for him and the ex girlfriend for legal matters and other financial. So I'd think that the best solution can't be explained here, and you have to take help from lawyer as well as counselor. As the heated argument and the suicide threat is given to the guy by ex-girlfriend, the best approach is to go through legal route if possible.

  • #141379
    Why should he wreck his family life now? That can be not only self destructive, but can have long-term effects also.
    Even after everything, he may not feel happy the way he imagined and always feel guilty. Moreover the new lady can also have a pricking conscience and feel insecure that some other woman may wreck her life like she did it to his first wife.
    Let him forget the new 'proposal' as a bad dream and shake off it from his mind and continue to live happily with his wedded wife giving her all affection and care sincerely.

    Now the technical matter asked in the question.

    instead of marriage and divorce can he choose her as live-in partner legally?

    A thief can go on until he is caught. Not caught does not mean that what he does is right and legal. Here, if his wife makes a case against him then things may collapse and invite trouble. If 'adultery' and cheating is proved then his job also may get affected.

    What rights live in partner might not have in that case?

    In normal cases a 'live-in-partner( woman co-habiting with a man she as not legally married , and the child from that relation can get the rights of a duly married wife, if the court accepts their contentions with proper justification and proof. However f that is happening after the person is already married duly and legally to another woman, then it can be taken in aa different way as it affects the rights of the duly married wife. The man may undergo punishment and penalty.

    Please prevail upon him to desist from accepting the request or offer from his ex-girl friend. It can turn to be suicidal and self harming and harming a peaceful family.

  • #141381
    According to hindu act, it is not possible to have two wifes because it is illegal. she wants to being a second wife but what about the duly married wife. she has rights to file a complaint against you if you stay with second wife. married is not a joke. it is only possible when you divoce with the wife. married is very important thing in our life. descision are taken very strictly about the wedding.

  • #141382
    [Duplicate Entry]

  • #141402
    The situation as is surfacing now is quite ambiguous and a firm stand has to be taken from the side of the husband in order to avoid any complication in their arranged marriage.
    Marriage is not a joke and nor is such a contract which can be terminated with a specific time period. However, a lot will depend upon the temperament of the couples and the most important being for the survival of the relationship would be the mutual trust and appreciation of mutual emotions. If both the couples enjoy a healthy relationship, it would not be difficult for the husband to take his wife into confidence even if the ex girl - friend has appeared after a long gap.
    The husband should be in a position to convince her wife how the relationship got aborted. The matured wife should understand that any relationship prior to marriage is not so serious and such relationship should not come in the way to affect the normal relationship of the couple.
    The ex girl friend has no right to pollute the present relationship of the couple.
    The best way would be to have a consultation of an eminent layer to resolve the issue by providing him the detailed information.

  • #141839
    It is not correct legally as well as ethically to live with wife and another lady together. Indian law will not accept accept to have two living wives for a man. Not worrying about the legal rights, if the two ladies adjust themselves and live together for a short time it may look good. But as the time passes unnecessary disputes will arise. The children of the second wife won't have any legal rights.

    So now itself it is advisable to settle the issue. A good counciling to the ex Girl friend with an eminent psychologist about the pros and cons of the issue. Her mindset is to be changed.This can be better done by a psychologist. Let her choose a better option of marrying a suitable person and lead a peaceful life.

    The person also should consult a psychologist and get advised suitably. A legal advise by a lawyer is also good.


    always confident

  • #148140
    This person should definitely should make some decisions and be firm on it . To have intimate relationship with another person after marriage isn't ethically good . Better to decide whom he would prefer to spend his life. If it's his girlfriend then tell his wife straight away and get divorced. Why cheating the wife without reasons?

    If he chooses to live with wife then tell the girl friend about it. About suicide, tell her go for it. 99% she won't do but I guess he should discuss about this with his wife that she has come back and torturing him and he doesn't want to disturb his married life and he loves her(wife).
    I am sure wife will understand and he will get support in case girlfriend takes wrong steps.

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