can a married hindu man without a divorce live in with another lady and have children from the lady legally?

Answer 1

Well living with another lady by a married Hindu man & even having children from the lady amounts to adultery on his part which is a good ground for divorce for his legally wedded wife to use it. Now as far the legality of the children borne out of such living in relationship will not be getting legitimacy under the Hindu Marriage Act, 1955. Section 16 of this Act provides Legitimacy of children of void and voidable marriages.-

(1) Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of the marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case, where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

In such case where there has been an marriage although which was void or voidable, but in the case of just living together without going through any ceremony of marriage cannot be equated as void or voidable marriage & hence these children will be illegitimate for this purpose & won't get benefit of this provision of the Act. What other rights such children can claim from this Hindu man can be limited to monthly maintenance under section 125 Cr.P.C. as been held by the Supreme Court of India in one such case where a daughter born out of such relationship was granted monthly maintenance.

Answer 2

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RE:
can a married hindu man without a divorce live in with another lady and have children from the lady legally?

Answer 3

Married hindu man living with other lady without divorce from the first wife is illegal and this is the sufficient ground for the wife to get divorce if required. As per the recent ammendment of law from the government of India, the child born out of illegal relationship will have equal rights at par with the legitimate children on the property of the married hindu man. but the lady will not have any rights.

Answer 4

Dear Neha,
I am really ashamed of telling you that its "India" every thing can happen here.
Though the rules and regulations are framed, corruption and delayed justice with heavy financial cost is the thing that makes the victim more venerable. Culprits take the advantage of lot many things. Recently the court has ruled that even if a male stays with out marriage with other female and have children, female can ask for compensation. You know the rules and regulation network is so much crossed that the person takes advantage of one or the other rule.
In one sentence I would just say that legally no, unlegally yes(because he can give thousand of excuses)

Answer 5

Provided both the ladies accept it.

I just want to ask another question to the guys who live like this.

WILL YOU BARE IF YOUR WIFE LIVE WITH ANOTHER GUY WITHOUT DIVORCING YOU AND HAVE A CHILD FOR HIM??? Aren't u ashamed of doing like that. Will men only have feelings and excuses? Women won't have anything?

Answer 6

1 dont go into legality just enjoy ur self u only live once. if police comes to catch u give them some bribe

Answer 7

no it's wrong but if the another lady want it and you will manage both so none of them no about another lady then it's ok

Answer 8

Can i marry with marrie man who hv two child , i m single girl.

Answer 9

if neither lady complains he will be in no trouble in the old laws u were allowed to take as many wifes as u cld providing you cld support them..... there is no such law today

Answer 10

only untill the first lady has no objection!