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Live-in Relationship wife age about 32 years living separately from h
30-Dec-2023 (In Family Law)
1. A wife age about 32 years living separately from her husband past 2 years and divorce case is pending, meanwhile husband opt from court judicial separation order under section 10 HMA, can wife enter into a live-in relationship with another man, after passing landmark judgment by SC and declare Section 497 IPC and Section 198(2) CrPC together constitute a legislative packet to deal with the offence of adultery which have been held unconstitutional and struck down by the Supreme Court in Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676. However, couple belong to the same caste and the same religion.
2.What her husband and parents can do against both couple
Hi,
After going through your query it is understood that your section 13 HMA petition seeking divorce is pending adjudication. During the subsistence of marriage which is still in place your wife cannot marry again or stay in live in relationship. The law has been struck down so far criminality is concerned
After going through your query it is understood that your section 13 HMA petition seeking divorce is pending adjudication. During the subsistence of marriage which is still in place your wife cannot marry again or stay in live in relationship. The law has been struck down so far criminality is concerned
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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hello client as i can see your issue is really very big issue . in your issue i can help you in the fir of divorce of your wife from you . tht is also going to be very big issues but there is a glitch ij the law . as per supreme court only criminal side of 497 ipc is struck down but civil side is still alive so you can bennifit from civil side.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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There is a difference between criminal law and personal law. Even though I would like to know the case in detail, but on the basis of information provided, if she is living in adultery, and judicial separation (not divorce order) is passed, you can claim relief.
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Adv. Shrutika Garg
Delhi | 100+ Answers
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