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14-Jun-2024 (In Divorce Law)
can a married woman leaves her husband to stay with before marriage lover....without filing divorce. Is this possible? Religion- Hindu, is extra marital affair legal in india
No, a married Hindu woman cannot stay with another man without obtaining a divorce from her husband. Under Hindu law, marriage is a sacred union between a man and a woman, and both parties have certain rights and obligations towards each other. Adultery is a ground for divorce under Hindu Marriage Act, 1955 and bigamy is an offence under Indian Penal Code, 1860 and can have serious consequences.
If a married Hindu woman wishes to end her marriage, she must follow the legal process of obtaining a divorce. A divorce can be granted on various grounds, such as cruelty, desertion, adultery, or mutual consent, among others. Once a divorce is granted, the woman is free to marry again or live with any other person of her choice.
However, if a married Hindu woman stays with another man without obtaining a divorce, it could amount to adultery. Her husband or any interested party can file a case against her under the provisions of the Hindu Marriage Act and the Indian Penal Code, which may lead to imprisonment and fines.
Additionally, if a married Hindu woman stays with another man without obtaining a divorce, she may lose her right to maintenance from her husband. This right to maintenance is based on the husband's duty to maintain his wife and provide her with food, clothing, and other necessities of life.
However, if the wife is living with another man without obtaining a divorce, it could be considered as a ground for the husband to refuse to provide maintenance to her. This is because the husband is not under an obligation to maintain a wife who is living in adultery. The courts have held that a wife who is living with another man is not entitled to maintenance from her husband unless she is able to show that she has returned to the society of her husband and is leading a chaste life.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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A married Hindu woman cannot simply leave her husband to stay with her lover without obtaining a divorce. Such an act may be considered adultery. It may also be considered cruelty towards the husband. He may have the right to file for divorce on grounds of adultery, cruelty and desertion. If the woman wishes to marry her lover, she must first obtain a divorce from her husband through legal proceedings, which may include filing a petition for divorce in court and obtaining a decree of divorce. If the woman and her lover cohabit without obtaining a legal divorce, she may be subject to a civil action for restitution of conjugal rights.
If a wife is residing with another man without obtaining a divorce from her husband, it may be considered as a basis for the husband to deny providing her with maintenance. The reason is that the husband is not obligated to provide maintenance to a wife who is living in adultery. According to court rulings, a wife who is residing with another man cannot claim maintenance from her husband unless she can prove that she has returned to her husband's society and is living a virtuous life.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dear Concerned,
No a married woman or a man can not stay with another woman or man until the first marriage has come to an end and such an act amount to Adultery which is a punishable offence under section 497 of the Indian Penal code. SO a case of Adultery can be filed on the man staying with this woman and divorce on ground of cruelty can be filed against this woman,
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Adv. Atulay Nehra
Noida | 200+ AnswersChatCONTACT NOW
She cannot remarry till the time she has taken divorce from her husband. Therefore for any person to start a new marital relationship the existing relationship needs to be brought to an end. Living with another man during the existence of current relationship is a ground for seeking divorce under Hindu Law.
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Adv. Nitin Chopra
Allahabad | 200+ AnswersChatCONTACT NOW
Everything is possible and no action can be taken against the wife but the person with whom the woman is residing can be prosecuted for adultery under section 497 IPC. So advisable is that without decree of divorce, avoid such kind of relationship.
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Adv. Piyush Shrivastava
Lucknow | 100+ Answers
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Legally its not allowed , lover can be charged with adultery , if they have sexual relationship. Women should file for divorce & and obtain decree 9f judicial separation or divorce before living with lover.
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Adv. Anurag Bhati
Greater Noida | 400+ AnswersChatCONTACT NOW
A Hindu married male or female can't live with some other man or woman. Hindu law doesn't allow a Hindu man or woman to do so. It is a punishable and also a ground of divorce for other married party. Rest depends upon details.
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Adv. Vineet Saini
Saharanpur | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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