Can any married man give his last name to the child of any lady and without the written consent of his legally weded wife and live with that lady without marriage? Is there any kind of punishment under Hindu Marriage act for such immoral behaviour for such married men & women (who is not legally weded to him) who live together without the knowledge of legally weded wife? What kind of punishment should be given to such married men and women who are living together who hide truth from their legally weded wife in India?
2007-04-22 14:30:37 · 9 answers · asked by VA 1 in Society & Culture ➔ Cultures & Groups ➔ Other - Cultures & Groups
The only legal relief a legally wedded wife can seek is under section 498A of the Indian Penal Code, as this conduct can be construed as mental cruelty that can cause grave mental injury to her. Since his conduct cannot make him liable for crime of bigamy under section 494 I.P.C. As there was no second marriage between him & this lady but his living with her in an immoral way definitely has given mental harassment to his legally wedded wife. If a medical report shows that due to his conduct his wife has suffered a mental injury the person can face imprisonment upto 3 years & fine. The second lady can also be made party to this criminal complaint as an abettor as well as a conspirator to such an offence & punished accordingly.For more legal guidance write to me directly.
2007-04-23 21:50:49 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
I think his legal wife might be able to sue the other woman for alienation of affection. I am not sure about Indian law, but under most states here in the US which operate under common law you can sue the person who purposefully tries to steal your spouse. Also, if the man is acting like he is married to the other woman there is nothing that can be done. But if he in any way tries to legally represent her as his wife, while still married to the first woman that is bigamy and a crime. I am not a lawyer, maybe you should ask the question in the Law and Ethics section.
Good luck.
2007-04-22 21:38:33 · answer #2 · answered by michael H 4 · 0⤊ 0⤋
I have question want to know if anybody an answer. I know some body that has a exwife and they still married but not together wanted to know is the man will go to jail for havein another baby by another women. what should the other women do her last name or her man last name
2014-07-06 20:50:54 · answer #3 · answered by linda 1 · 0⤊ 0⤋
marriage is meeting of mind and soul, love, which cannot be bound by law,once love lost legal bindings ,insistance will break the existng relation, marriage cannot be bound legally,most marriages so called have broken when ever law has intervened.
2007-04-24 09:59:19 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Live in India as an Indian uninfluenced by the west. Own Dharma though false/wrong is much better than others' Dharma though true/right. No apology & forgiving if no mistake, wrong/ offence.
In India, a wife’s sexual intercourse with other/s is no offence, hence no prosecution or punishment to her. Her sex partner too cannot be prosecuted if unaware of her wedlock or had sex with consent or connivance of her husband. Her husband alone can prosecute him and not the police, his wife or anybody else. After divorce also her earning husband has to maintain or pay till she remarries (if unable), even if she is continuously enjoying sex with all other/s. Continuous pre marital sexual intercourses with other/s cannot be a ground to seek divorce under Hindu/Special Marriage Act.
Thus a female’s physical sexual relations with persons/s of her choice (with their consent) is not wrong/offence in any Indian law and she is at liberty to enjoy sex freely and fearlessly. A male’s physical sexual relations with any 16+ female (with her consent) is no wrong/offence in any Indian Law, unless she is in the wedlock of somebody else and is done knowing her wedlock or without her husband’s consent or connivance. Courts have to believe that children born during the wedlock are her husband’s legitimate ones. He is bound to maintain or pay them expenses; till sons are 18+ and daughters are married.
Prostitution (commercial sex trade, offering sex for monetary gain) alone is an offence, yet no Station House Officer, Officer In Charge or Inspector of Police can arrest, enter, search or seize.
Spouses' sexual affairs or having children is no offence/wrong in Hindu or Special Marriage Act. Yet divorce can be obtained on proof. The Islam alone strictly prohibits all unwed sexual affairs with punishments of publicly lashing/death by pelting stones.
There is no concept of divorce in Hinduism. Hindu marriages are performed between their souls (not bodies) in heaven (not upon earth) in presence of 330 million gods and goddesses. Indian Government enacted Hindu Marriage Act in 1955 as legislated by multi religious Members of Parliament and created a chance for divorce to be granted by secular courts. Despite legislations & courts' divorce judgments, their spiritual wedlock remains intact: eternal everlasting & unbreakable even in future rebirths. Despite marriage with others after divorce, wife continues Ardhangini (half body) of her former husband & he continues her Pati Parmeshwar (Lord).
In Islam divorce is the most worst among all permissibles. In unavoidable circumstances only there may be a divorce.
2007-04-23 01:08:18 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Female (any one )can change his/her name any time legally.
They have to file name change form, advise using a lawyer to make sure all bases are covered.
2007-04-22 21:40:55 · answer #6 · answered by minootoo 7 · 0⤊ 0⤋
This (polygamy) is immoral and you deserve to be in jail.
2007-04-22 21:50:09 · answer #7 · answered by Sourav 2 · 0⤊ 0⤋
Your ultimate punishment will be in HELL!!!
2007-04-22 22:32:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Sounds sick to me.
2007-04-22 21:34:31 · answer #9 · answered by Nort 6 · 0⤊ 0⤋