Mutual understanding agreement with boyfriend for relationship
27-Sep-2023 (In Family Law)
I m married with 5yrs son, i am into extra marital affair, and my partner is ready to be mine forever, but not go against his family, so mutually we want to make an agreement stating that we both will have rights on each other, accepting each others concerns. How do we that??
No need of any agreement neither such kind of MOU stands.
Legally not possible to make such contract.
Even if you execute such agreement either of the partner can misuse the same against each other.
Legally not possible to make such contract.
Even if you execute such agreement either of the partner can misuse the same against each other.
Let me tell you what section 497 of Indian Penal Code says:
"497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor."
That is the crime of Adultery as created by Indian Penal Code.
Going by your query, it is clear that you are a married woman, means wife of a man, (other than your lover). So your lover, by having sexual relations with you ( a wife of another man ) appears to have committed this crime of Adultery under Indian Penal Code, and that is made punishable by law with 5 years' imprisonment or with fine, or with both.
And you are saying that you want to make a mutual agreement stating that you both will have rights against each other? When the law itself treats this kind of affair as a crime of "Adultery", there is no question of creating any valid agreement of the kind you are contemplating.
Not only this is legally wrong, but also morally wrong. Think! such kind of relationship will only result in pain for those who are now connected to you through marriage, namely your spouses and children and all other relatives. Your whole family will be devastated. I would advice you to stop such kind of extra-marital relationship and take care of yourself and your family.
If at all both of you (you and your lover), are very very desirous of becoming each others' for life, then both of you better first obtain divorce legally, and then marry each other. That would be the legal way of doing it.
"497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor."
That is the crime of Adultery as created by Indian Penal Code.
Going by your query, it is clear that you are a married woman, means wife of a man, (other than your lover). So your lover, by having sexual relations with you ( a wife of another man ) appears to have committed this crime of Adultery under Indian Penal Code, and that is made punishable by law with 5 years' imprisonment or with fine, or with both.
And you are saying that you want to make a mutual agreement stating that you both will have rights against each other? When the law itself treats this kind of affair as a crime of "Adultery", there is no question of creating any valid agreement of the kind you are contemplating.
Not only this is legally wrong, but also morally wrong. Think! such kind of relationship will only result in pain for those who are now connected to you through marriage, namely your spouses and children and all other relatives. Your whole family will be devastated. I would advice you to stop such kind of extra-marital relationship and take care of yourself and your family.
If at all both of you (you and your lover), are very very desirous of becoming each others' for life, then both of you better first obtain divorce legally, and then marry each other. That would be the legal way of doing it.
your case is little bit complicated but the work you want to do is not impossible it can be possible after completing some procedure it Saturn documentary procedures and after that you will be able to do as you want
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for legal support and lawyer service in Pune, Mumbai, and Aurangabad please visit our office in Pune or contact on given number.
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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