Benefits of Live in Relationships for Women

A man and woman not married, but having live-in relationship is enough for the Woman is entitled to maintenance under Protection of Women from Domestic Violence Act. But merely living a live-in relationship is not entitled for maintenance. The women has to show that though there was no marriage but relationship was in the nature of marriage. Having sexual relationship with a women frequently is not a live-in relationship. It is a nature of living as a husband and wife without undergoing a marriage. "Relationship in the nature of marriage" must fulfill the following ingredients :- (a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. (e) The parties must have lived together in a 'shared household' as defined in Section 2(s) of the Act - Merely spending weekends together or a one night stand would not make it a 'domestic relationship'. (f) If a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, be a relationship in the nature of marriage. A legally wedded wife or divorced wife can claim maintenance from husband under Section 125 of Criminal Procedure Code. A women who was in live-in relationship with man but not legally wedded is not entitled to claim maintenance under Section 125 of Criminal Procedure Code. However if such a women proves that she was in domestic relationship with the man in the nature marriage would be entitled to claim maintenance under Section 20(3) of Protection of Domestic Violence At, 2005. The supreme court of India has also confirm this proposition in Velusamy Vs Patchaiammal case. This is a progressive judgment and a great boon to the suppressed women. Article by K.P.Satish Kumar M.L. Advocate Madras High Court our Book Men and Women Physical Relationships - Its Legalities is now available at MULTI PURPOSE SHOP at Chennai Central Sub Urban Railway Station.

Men and Women Physical Relationships - its Legalities ( A guide for legal relationships and its break-up)

K.P.Satish Kumar, Advocate Men is meant for Women and Women is meant for Men. Men never came from Mars and Women never came form Venus. Both Men and Women are born and brought up from the Earth. All the Bio unity, meta physics and mental chemistry are made for Men and Women for a combined life in the soil bounded by the water. Mars never collides with the Venus and the Venus never collides with the Mars, they are produced to live with oneness of body, mind and soul. This philosophy of nature and the natural order of the creation emerges to regulates to an organisation which today it is established as an Marriage institution. The Body and the Mind of the women are made for the physical, mental, emotional and spiritual attractions for the men and in the reciprocal the Body and the mind of the men are made for the physical, mental, emotional and spiritual attractions for the women. The object and the aim of the human life is the manifestation of the physical, mental, emotional and spiritual interactions of the men and the women. And the entire humanity is out of those actions and reactions. The words used in the holy books regarding the interactions of the man and women is that they came to know each other. The interactions of men and women regarding their physical, mental, emotional and spiritual life and knowing one among other is the basic foundation of the union of men and women. The submission of women to men and the men to women by material, sprit and soul is the next step in the united life of men and women. They enjoyed the love, kindness, comfort and the off-springs of their cohabitated life. In opposite they also enjoyed the troubles between them and in a extreme step it put an end to the men and women relationship, some times it also get legal sanction for the break up. Women and men meant to live together, Dine with same food, support each other and sleep together. This relationship was projected as husband and wife relationship. In the process of unification men became husband and women became wife. Whenever in such process if a man or women lack in the unification of their interactions in physical, mental, emotional and spiritual things, there lead a division among them. It leads to various problems in their lives and with the society connected with them directly or indirectly. And problems also arises by the persons connected to them in a human bondage or without bondage. Some religions says that both the husband and wife are the one and the same. Wife is made from the body of the husband. Whatsoever it is but they means both husband and wife should be in oneness in body, mental, emotional and spiritual. This relationship creates the marriage institution. Religions considered this as a sacred one and the institution is created by the god. Humans considered this is a contract between themselves in order to protect the social, physical, spiritual, emotional and mental order of the human society and the institution created by the rules framed by them. How many husbands can a women have? Modern laws in all societies permit a women to have one husband at a time. If she marries another person when a spouse was alive it is a crime according to the law of this land. In Mahabharata we find that Drowpathi possessed five husbands at a time. And there was no other example a women posses more than five husbands at a time. Having a husband or marrying a person when the first husband was alive is bigamy. And Indian penal code imposes 7 years imprisonment for such offence. The first husband is also entitled for divorce under this ground. The first husband can approach the court by proving the second marriage and can divorce his wife. The second husband has also have the legal remedy if he is innocent about the first marriage of his wife at the time of marriage. And he should approach the court within one year of the knowledge that his wife’s marriage is in existence with her first husband at the time of the second marriage. The second husband can get the annulment of the marriage and get a valid decree from the court declaring the marriage as null and void. After the death of the first husband the women is legally free and she is entitled to marry another person. This is permitted in all religions and the modern Hindu law also accepts the same. In some areas in India women burn themselves together with their husband after his death. This was abolished by the legislation. And widow remarriage also recognised in the Indian Community. How many wives can a man have? All over the world men have many wife and concubines but the modernisation of the religion and the laws curtailed the number of wives to one to four. And those laws has not given any legal rights to concubines in respect of property and legal heir. In the historical times Indian rulers and the ruling society have thousands of wives. In those cases the first wife have primary rights over the others. In western world such a huge number of wives is unknown but they have quite pretty in numbers according to their status and authority over the earth. In early era the Tamil society has given status of wife to the first married and given concubine status to other women whom to perform the duties of the wife, when the first wife was not available. But the concubine received the respect from the society as such as the first wife. In all communities a man marrying all the sisters is quite common. Israel married Leah and Rachael both were sisters. And even he married the servants of his wife. It also seemed that his grand father Abraham also married Agar who was the servant of his wife Sarah who gave birth to Ishamavel whom the descendants are believed to be Arabs. The Muslim religion and the Syrian catholic a sect of Christian community permits a man to have four wife at a time and the fifth wife is illegal. But for the persons covered under modern Hindu law and the Christians more than one wife is illegal. If a person marries more than one wife, the first wife can terminate her marriage on the ground of Bigamy. If the second wife is innocent about the first marriage at the time of her marriage then she can approach the court to annul her marriage as null and void within a period of one year after she discovers that she was cheated by her husband. The modern women never allows her husband to have a second wife and this leads to a dramatic warfare in thousands of families not only in India but also in western countries. The Morden law also not permits to have more than one wife expect as mentioned above. Can a women live with another men apart from her husband? Living with other person other than her husband is treaded as adulteress life in the women’s part. In ancient society in some areas women’s are even treated as properties and the husband is the owner of the properties. In some society women are treated as equal counterparts and given respected as equal to men as in Tamil society. In the modern Christianity it preaches men rules over women and women rules over the men in the matrimonial tie up. And no one permits to have a physical relationship of a women outside the matrimonial tie up. Women in the modern society is allowed to interact with the other persons and society in economical, social, political and spiritual spheres but not in physical spheres. And the same to men. In the modern communication means and its easy access with every body makes a women to contact with a person better than the physical, economical, social and spiritual persons other than her husband. For any physical satisfaction, or economic benevolent or to have a protected social atmosphere or in the improvement in spiritual spheres without the religious, racial and linguistic barriers they made a physical relationships with others. Indian law says if a women is living with a women in a physical relationship continuously as such as a husband and wife relationship then it amounts to adultery. The husband in this matter is eligible for divorce. The punishment provision for adultery in the IPC provision was recently scarped by the Supreme court of India. But living in adultery can lead the other person to obtain divorce. Proving adultery is a challengeable one not only in India but also world wide. Definitely without a help of an expert adultery is hard to prove. Can a men live with another women apart from his Wife? The men and women who are living together with the intention to procure the child and to live in a mutual benefit way it is considered as husband and wife relation. The legal system denies the wife status to others except the first wife as a husband and wife relationship, for them the law gives only concubine status. In the modern law every one has a right for choice of living and choose his first partner, but law denies the choosing of second and subsequent partners when the first partner is alive. The most progressive law the Hindu Marriage Act 1955 only abolishes the evil system practised against women but not granted wife status for the second and subsequent wives. The same thing is also continuing in the western world. Even the older Judaism permits their husband to have many wives and gives wife status except for the servants who are travelling in their life with wife relationship. Muslim men and Syrian catholic can have four wife and all the four wives lives in a wife status. In Hinduism polygamy is abolished. And in Christianity preaches that the physical relationship other than a wife is sin. Even the so called progressive humans in the earth, the communists and the Atheists are preserving the one husband and one wife policy in the society. Even the communist veteran W.R.Waradarajan was declared unbecoming a communist for having a relationship with a women other than his wife, which leads him to commit suicide. Another example is communist Thiyagu and poet Thamarai live in relationship other than the matrimonial sphere is under several criticism within the communist society. In India it is quiet common to have two wife system in lower status people and in the higher status people. The class system in between the above category is strongly condemning the act of having two wives. If men live with other women apart from his wife then the wife can seek divorce on the ground of adulteress living of her husband. When a husband compels his concubine to live along with his wife or keeping his mistress in the same house along with the wife is a serious ground for divorce. What is legal right for the concubine? The Concubine has no legal right in and out side India. She cannot claim wife status. She cannot claim the property of her husband after his death. She has no right to live in her partners house after his death nor claims any benefit from her partner for her future livelihood and decent living. Hence many concubines are forcing their partners to divorce his first wife and to marry them legally. On this situation many divorces cases are filing in India. Because the Hide and seek relationship between the men and his concubine makes her socially rejected, makes cheap in the society. Mere cohabitation or negotiation for marriage is not a marriage. A document will not solemnize a marriage. Marriage in accordance with the custom of the community has to been conducted, unless it is proved there is no valid form of marriage. If the marriage is not took place in accordance with the manner known to law, then no one can claim husband and wife relationship. Registered agreement entered in between the parties agreeing that they would not take another spouse and they accepted each other as husband and wife is not a marriage. Betrothal is not a marriage. A person cannot be said to married merely they have a long and intimate relationship between them. The parties should show some valid forms of marriage well known to law. If there is no known manner of marriage format was performed then no one can assume a marriage was performed and the parties of such function cannot be treated as husband and wife. When a valid marriage is not established between the parties then the parties cannot claim husband and wife status. They won’t be a legal heir of the other party and no share in the property can be claimed by the other party. Long and intimate relationship only shows the live-in relationship not declares the husband and wife status. When a Marriage became valid? 1.A Hindu and a Christian cannot undergo a marriage ceremony under Hindu Marriage format. 2.A Hindu and a Muslim cannot undergo a marriage ceremony under Muslim law. 3. Marriage between persons belong to different religion can undergo marriage only under special marriage format, if they perform marriage under any format then it is void. 4. Persons belonging to Hindu or Christian cannot have a valid marriage by merely signing an agreement. 5.Having a reception without any marriage ceremony is not a valid marriage. 6. Having a marriage certificate without performing marriage ceremony is not a valid marriage. 7. Merely registering a fake marriage which was not held before the marriage register and obtaining marriage certificate is not a valid marriage. 8. Any marriage which took place without the recognized customary rites and practices between Hindus, Christians and Muslims or to any other religious persons is not a valid marriage. 9.Metinoning the name in Ration card or Aadhar card or Voter Id as husband and wife is not a valid proof of Marriage. 10. Birth certificates of the children is not a valid proof of Marriage. 11. Affidavit sworn before the Notary public and commissioner of oaths is not a valid marriage. 12. A man lived as husband and wife for more than 50 years presumption they are married. 13. No strict proof of marriage is necessary to claim maintenance under 125 Cr.P.C. Which is the accepted form of Hindu Marriage? 1.Tying of mangalliyasootara or thali around the neck of the bride by the bridegroom was an essential rite to be performed so as to constitute a valid marriage between a man and a woman 2. Taking seven steps by the men and women surround the sacred fire constitute a valid marriage. 3. In Tamilnadu marriage between any two Hindus, whether called suyamariyathai marriage or seerthiruththa marriage or by any other name, solemnized in the presence of relatives, friends or other persons- (a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or (b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or (c) by the tying of the thali. The above things constitute a valid marriage. 4. Oral evidence of co-worker of the wife and landlord, stating both parties living together as husband and wife which is sufficient proof of marriage for the purpose of maintenance under Cr.P.C. Supreme court in Kamala case in 2018(3) DMC 694. 5. Where a man and woman were proved to have lived together as man and wife along with his father and mother, the law will presume, unless the contrary be clearly proved, that they were living together in consequence of a valid marriage and not in a state of concubinage. 6. The supreme court held in Tulsa case in 2008 (4) SCC 520 that under the light of the section 114 of the Evidence Act it is the Presumption of marriage that a man and woman living together for 30 years as man and wife is husband and wife (a) Under Section 50 and 114 of Evidence Act marriage can be presumed from the common course of natural events and the conduct of parties as they are borne out by the facts of a particular case. (b) The presumption was however, rebuttable, but a heavy burden lies on the person who contends that there was no marriage. Can a husband and wife together breakup their matrimonial tie up? In ancient times once a man is married to a women they continue as a husband and wife relationship till their death. Even the law giver of Israel, Mosses has introduced to divorce their wife on certain grounds. But not introduced to break their matrimonial tie up on consent between them. The cannon law practised by the Roman Catholic churches has also formulated the grounds for divorce but not mutual consent. The Muslims are more progressive in this and they can give unilateral divorce to others without the consent of the others or without proving the ground for divorce allowed from them. Talaq is practised in entire Muslim community where a men can divorce his wife. And Kula is practised in some sector of Muslim community where a women can divorce her husband. Divorce by mutual consent on both side for divorce are also well known to Muslim community. This system prevails in Muslim community from memorable ages. Modern Hindu reformist and thinkers have suggested various reforms in the present combined Hindu society. Women’s liberation movement and communist movements in India and Dravidian movement in the Tamilnadu has created a pressure to change the Hindu Marriage and Divorce Laws. On this Impact Hindu Marriage act was amended and Divorce on the ground of mutual consent by the husband and wife is introduced in India. Mutual consent Divorce in Hindu Marriage Act put a full stop for legal battles between husband and wife for several years. The legislation till now have no remedy for the peoples who are in legal and social battles for long time to put a end to their marriage relationship unless they came together with consent. Marriage legislations till now it is not compatible to regulate the husband and wife relationship and their bondages. In some angle it seems to be progressive but in many angles it related to law prevailed in the cannibal state. In Christianity even in a hard manner it commands that no one can break the persons whom god had united them. It even preaches the husband and wife relationship continues till death and only the death a person will became free from the other person from the matrimonial tie up. In India only High Court entertains the divorce petitions for Christians. But now the powers are delegated to the district courts after due legislation. Mutual consent was introduced in Indian Divorce Act only after the amendment made under the Hindu Marriage Act. Even Hinduism is trending to have many more modern reforms but in Christianity the door is always closed under their strong religious laws. Roman Catholic churches never accepts the divorce granted by the Indian courts. And also never allows to marry any person who obtained divorce from the Indian courts. But in other Christian denominations they accepts the divorce obtained from Indian courts. But in Pentecostal form of churches and in full gospel they refuse to perform the marriage of divorced persons. The right wing and the left wing in Indian churches are dead against the consent and contested divorce obtain in India or in foreign courts. In case of Roman catholic churches now it grant divorces for limited grounds and it recognise the re-marriage of persons for which it granted the divorces. But Indian courts never recognises the divorce granted by the Roman catholic churches and marriage performed after obtaining church divorce in not valid under the Indian Laws. The other churches are not granting divorce and also not accepting the second marriage. The church and the state is total contra in divorce which make a confused state in the Christian community. Among Hindus there was no religious divorce, some kind of caste panchayats grant divorce in North – India is also not recognised under Indian Laws. Only the court granted divorce is recognised and it affects the martial status and property after the death of the spouse. What is the benefit for a women with a men under live in relationship? This is a new trend in Indian laws that maintenance is provided to women who have a live in relationship for a period of time. This happens after the implementation of the Domestic violence Act in India. No Indian laws has defined who is a wife neither the Hindu marriage act or the Christian marriage act and even the special marriage act has not defined who is a wife or husband except the criminal procedure code. Explanation given for section 125 (1) of Cr.P.C. has stated “Wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried”. The very object for the Cr.P.C. to define the wife is for the purpose of maintenance. No person other than a wife was granted maintenance till the enactment of Domestic violation act which provides women as domestic relationship. The Live-in-relationship is a western concept which is imported to India in its cosmopolitan city at large and outskirts as insignificant. Live-in-relationships are mostly seen in - 1.At college levels where both women and men came from other cities or out of states for the purpose of studying. They took houses for rent and lead a live-in relationship till their studies. And even perform the obligations as husband and wife. It is quite common in Chennai and other major Indian cities. 2.At work levels where both women and men came from other cities or out states for the purpose of job. They took houses for rent and lead a live-in relationship. They continue their relationship till their marriage or even marry the same person but it happens rarely. This trend happens between young generation to escape from the clutches of the marriage. 3. Widows who after the death of her husband are happen to live-in-relationship with other women’s husband for their social and financial security without being married with that person. Since the fist wife is the barricade to marry the concubine legally. Law give only the status of concubine to them. 4. Divorcee women who had grown up children whom doesn’t want to commit a martial life and bondage are having a live-in relationship. 5. The new trend “one hour husband” is growing among the working women come from outer skirts live with married or unmarried women who takes care of the women’s life and also behaves in a husband and wife manner for one hour daily in the evening hours and some times in the morning hours as a caretaker and a step more than that also. It can be breakable at any stage when they wants to depart. In some situations the men’s nature to forbidden the women who are in a live in relationship. The women were left abandoned in the society without any financial assistance or source of living. The domestic violence act came rescue to such victimized women and provide maintenance for their life. A man and woman not married, but having live in relationship is enough for the Woman and she is entitled to maintenance under Protection of Women from Domestic Violence Act. But merely living a live in relationship is not entitled for maintenance. The women has to show that though there was no marriage but relationship was in the nature of marriage. Having sexual relationship with a women frequently is not a live in relationship. It is a nature of living as a husband and wife without undergoing a marriage. "Relationship in the nature of marriage" must fulfill the following ingredients :- (a) The couple must hold themselves out to society as being akin to spouses. (b) They must be of legal age to marry. (c) They must be otherwise qualified to enter into a legal marriage, including being unmarried. (d) They must have voluntarily cohabited and held themselves out to the world as being akin to spouses for a significant period of time. (e) The parties must have lived together in a 'shared household' as defined in Section 2(s) of the Act - Merely spending weekends together or a one night stand would not make it a 'domestic relationship'. (f) If a man has a 'keep' whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, be a relationship in the nature of marriage. A legally wedded wife or divorced wife can claim maintenance from husband under Section 125 of Criminal Procedure Code. A women who was in live in relationship with man but not legally wedded is not entitled to claim maintenance under Section 125 of Criminal Procedure Code. However if such a women proves that she was in domestic relationship with the man in the nature of marriage would be entitled to claim maintenance under Section 20(3) of Protection of Domestic Violence Act, 2005. The supreme court of India has also confirm this proposition in Velusamy Vs Patchaiammal case. This is a progressive judgment and a great boon to the suppressed women. How can a divorce be obtained from courts when the whereabouts of the Husband or Wife is not known ? If the husband or wife left the matrimonial home and the whereabouts was not known to the other spouse it is a difficult procedure to get divorce from the court. Indian legal system for Hindus and Christians provide any spouse can approach the court to get divorce when the other spouse has withdrawn and left the matrimonial home without any reasonable cause. The court’ s will grant divorce on the ground of desertion only after two years the other spouse has deserted. If a person left the matrimonial home the other person has to wait for a period of two years to apply for divorce on the ground of desertion. The period of desertion should be proved by either oral or documentary evidence before the Indian courts. And the court should satisfy that the other spouse has deserted the applicant for a period of two or more years. A spouse can give a missing complaint of the missing spouse in the Police station where he or she resides, when he or she left the matrimonial home and his or her whereabouts was not known. If the police after due investigation and cannot find the missing person, the concerned police station will give a non-traceable certificate to the complainant. And even if a missing person has not known after seven years, the other spouse can approach the proper court and can obtain a decree of civil dead of the missing person. When a spouse who get a decree of civil dead, then he or she is eligible for remarriage as if the husband or wife died naturally. And this not only benefit the other spouse but including the sons and daughters and other legal heirs for succession of the property of the person who was declared as civil death. This mostly happen in the fishermen family who never returns from the sea in the times of natural calamity. In cases that when the other spouse is not dead and only his or her whereabouts is not known, then the applicant can file divorce on the grounds of desertion or the other grounds applicable to their case by showing the last known address of his or her spouse. In such cases the court will even direct the applicant to sent notice to all best known address. Even such attempts are failed to bring the other spouse before the Court in which the case was filed, then the court will ordered substituted service for summons to appear the other person before the court on the appointed day by the court. The court may order to give a notice in the local news paper which was recognised by the Indian Courts, either in English daily or in the Vernacular daily as the court think as deem fit in proper circumstances and situations. The notice period in the news paper must be at least fifteen days after the publication of the notice. If the opponent spouse is not appearing before the court and answers the allegations made by the applicant, then the court will decide the case as if the contents made in the application by the applicant and grant divorce on the plea and grounds made in the application. Such kind of divorce grant by the court in absence of the appearance of the other spouse or not answering or providing counter statement for the allegation made by the application within the reasonable time allotted by the court. This kind of divorce is known as ex-parte divorce. What is the importance and validity of the ex-parte divorce? When a person obtained an ex-parte divorce from the Indian or foreign courts, it is always opened for a other side to re-open the case which was decided as ex-parte. When the other spouse whom were aggrieved by the ex-parte divorce can approach the concerned courts within 30 days to set-aside the ex-parte order passed by the appropriate court. If the court is satisfied for the non-appearance of the other spouse on the court appointed day is satisfied the non appearance of the other spouse is beyond his or her control, then the court will set-aside the order passed and allow the other spouse to contest the case. When the court set-aside the ex-parte order then the husband and wife relation is regained between the married parties. No one can claim the benefits of the divorce order passed by the court. If any one of the spouse died in pendency of the set-aside application and court has not cancelled the ex-parte divorce order then the divorce order continues and valid over the parties between the marriage. When the husband obtained the ex-parte order and died before it was set-aside by the court then the husband gains the ex-parte order and the wife can have no claim as husband and wife relationship thereafter the death of the husband. When the wife obtained the ex-parte order and died before it was set-aside by the court then the wife gains the ex-parte order and the husband can have no claim as husband and wife relationship thereafter the death of the wife. In circumstances when the husband is the applicant for divorce and obtained a ex-parte divorce order and the court has set-aside the ex-parte order then husband cannot enjoy the fruits of the ex-parte order and he have to prove the allegations against his wife to get a valid divorce order from the court. If the court rejects the claims of the husband then the husband and wife relationship between them continues till it was interrupted by a valid divorce order between them. In circumstances when the wife is the applicant for divorce and obtained a ex-parte divorce order and the court has set-aside the ex-parte order then wife cannot enjoy the fruits of the ex-parte order and she have to prove the allegations against his husband to get a valid divorce order from the court. If the court rejects the claims of the wife then the husband and wife relationship between them continues till it was interrupted by a valid divorce order between them. What is the validity of the marriage under the ex-parte divorce order? When a court passes an order in matter it is valid under law unless it is upheld or set-aside by a competent court of law. On the next moment when the court passes a ex-parte divorce order the husband and wife relationship ceases between the spouses. The wife is entitled to get alimony from her husband even he obtained a divorce by an ex-parte decree. As per the part of Alimony the wife is entitled until she dies or remarries. As per the part of ex-parte divorce decree she can accept it and enjoy the status of divorcee. If she doesn’t like to continue with the status of divorcee, then the wife can file a set-aside application before the court to resume her martial status. If the husband who marries another women after obtaining an ex-parte divorce decree within in 90 days after the judgement then the marriage is not a valid marriage before law. And the ex-wife can file a set-aside application before the court to reclaim her wife status. And the wife can also file an application to declare the second marriage of her husband as null and void. If the court finds it is true than it can cancel the second marriage of the husband and the second wife cannot claim wife status thereafter. But if the first wife doesn’t file any application for set-aside or for declaring the second marriage as null and void then the husband can enjoy the fruits of the ex-parte decree. And the second marriage which is performed by the husband is a valid one if the first wife never chooses to file an application for null and void within one year after the knowledge of the second marriage by the first wife. The wife who carries an ex-parte divorce decree can only marry after 90 days of the pronouncement of the judgement. If she marries below the time fixed by the Indian civil laws then the second marriage performed by the wife is not a valid marriage under the procedural law and she cannot claim the benefits of the substantive law as a divorced person as she violates the procedural law in performing her second marriage. It is mandatory for the husband or wife to wait for a period of 90 days after getting an ex-parte decree for performing a second marriage. If a husband or wife receives any notice from any court regarding their matrimonial dispute to set-aside the divorce order or they had obtained a knowledge that the other spouse has filed any application before the court to re-determine the martial status, the other spouse should not perform the second marriage. And such kind of marriage is amount to bigamy and it is punishable under law. If the second marriage is not under a bonafide way then the other spouse has done an act which is a clear cut guilty for bigamy and he or she is liable for a maximum period of imprisonment for seven years. The court can at any time can set-aside an ex-parte decree if it is obtained by the husband or wife using fraudulent method. But in fair cases the court draws a cut line whether the second marriage is performed within in 90 days or not. If a second marriage is done by the other spouse after 90 days then the new party to marriage became the legally wedded wife or husband. And in such cases the court will not set-aside the ex-parte divorce decree because it affects the validity of the new husband or wife who under gone the marriage within the legal parameter. If a party who had obtained a divorce has not married thereafter the divorced wife or husband has an option to reopen the divorce application filed by the other party who had obtained an ex-parte divorce order. If the opponent party to the divorce application well explained his or her absence before the court for valid reasons, the court has no other options other then to set-aside the ex-parte divorce order and have to give a fair chance to other party to contest the divorce case. There is no time limit to file a set-aside application to set-aside the ex-parte divorce decree granted by the court. The opponent party the husband or wife whomever may be can file a set-aside petition , when he or she came to the knowledge that there is a legal order from the court in any source of means. When a husband or wife who is aggrieved by the ex-parte divorce order and they came to know only after the exhaustion of the time limit granted by the law, they can file a application to condone the delay in filing the set-aside application and must state the reasons accepted by law why he or she was not able to file a set-aside application within the time limit prescribed by the law. The court on satisfaction of the reasons showed by the aggrieved party may or may not accept it according to circumstances and facts of the case and also in the interest of parties involved in the matrimonial dispute and the consequential developments under the divorce decree. If the court accept it may set-aside its own divorce order granted to the other party and restore the husband and wife relationship and give a fair opportunity to both the parties to marriage to contest and defend their case. What is the remedy when the husband or wife withdraws the matrimonial community. The Indian laws protects the matrimonial unity till the death of the husband and wife. And it only emphasis the spouses to live together in a common roof and to perform the conjugal rights between them. If one of the spouse withdraws from the matrimonial home it is certainly a denial of conjugal rights to the other party. From the Old cannibal age to modern cosmopolitan age it is universally accepted and practised that both the husband and wife should perform their respective conjugal obligations. If one of the parties to marriage voluntarily withdrawn from the matrimonial bondage the other party can seek to fulfil the matrimonial obligation as a matter of right. Even on the request of the affected party or by a mediation of elderly persons in the family or through the counselling centres arranged by the social welfare departments or by police departments the other party to the marriage fails to reunite in the matrimonial bondage and to perform the matrimonial obligations, the affected party can approach the court in order for reunion and for the restitution of his or her conjugal rights. If one of the spouse even fail to reunion with his spouse after given a fair opportunity by the other spouse for the situations for reunion. And the other spouse even after repeated request and mediations failed to live with the affected party without any reasonable cause for more than two years then it a ground for the affected party to get divorce on the ground of desertion. The affected party can immediately file an application for restitution of conjugal rights before the appropriate court or wait a period of two years to get a decree of divorce on the ground of desertion. Even after the court ordered the other spouse to fulfil the matrimonial obligation and ordered restitution for conjugal rights, the other party has not fulfilled the court order then the victim to the matrimonial bondage can apply for divorce on the ground for non compliance of the court order in the application for restitution of conjugal rights. The Husband or wife even can file a petition for execution of the restitution of conjugal rights order passed by the valid court. And the affected party may seek the court to execute matrimonial obligations from his or her spouse. On even after the court orders for the execution of the conjugal rights, the other spouse is not fulfilling the court order the court can even order for the arrest of the disobeying spouse on application made by the victim spouse. And the disobeying spouse may ordered to be imprisoned in a civil prison for the failure to comply the order of the court. Can a person live together after getting divorce? In India it became a trend that after getting a divorce order from the court, the couples are living together as husband and wife. It happens when the aggrieved parties who get an ex-parte divorce or divorce by mutual consent or even a contested divorce order after some time both the parties pacifies and continue to live as a husband and wife. Law never denies such cohabitation but they cannot claim any legal rights provided under the legislation. In cases when at the early marriage time due to the dispute between them the parties to the marriage get divorced and in future for the welfare of children or on reconciliation for some other reasons they continue to live as husband and wife. In some cases to obtain foreign citizenship the parties to the marriage divorce and marry a foreign citizen and after obtaining the citizenship they divorce the Foreign citizen and the husband and wife who divorce in India continues to live a life as husband and wife. It is quite common in persons who want to get a foreign job or foreign citizenship or settle in a foreign country. In such a situation the spouses cannot claim the benefits of husband and wife relationship in any forum or in the society. Even they live as a husband and wife. The divorce order is an obstacle to them. In future if they again built a strained relationship then they cannot approach any legal forum to settle their issues. The supreme court of India in Inderjit Singh Grewal Vs State of Punjab held that when a Husband and wife obtaining divorce by mutual consent, but continued living together. And wife filed a Complaint against husband under Domestic Violence Act. It was held that the Complaint not maintainable as decree of divorce subsisted. It is a settled legal proposition that where a person gets an order/office by making misrepresentation or playing fraud upon the competent authority, such order cannot be sustained in the eyes of the law as fraud unravels everything. "Equity is always known to defend the law from crafty evasions and new subtleties invented to evade law". It is a trite that "Fraud and justice never dwell together" (fraus et jus nunquam cohabitant). Fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. Fraud and deception are synonymous. "Fraud is an anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine". An act of fraud on court is always viewed seriously as in Meghmala v. G. Narasimha Reddy What is desertion? Desertion is a voluntary withdrawal of the one spouse from the matrimonial society and fails to perform the conjugal rights which he or she is obliged to perform to the other spouse. The Hindu and the Christian laws provide that if any of the spouses is not reunited with the other spouse within a period of two years then the other spouse is eligible for divorce. The two years separation period should not be interfered with a reunion even for one day. Where desertion on part of the wife or husband was permitted by the other spouse himself then it wont fall under the unilateral withdrawal of the matrimonial society or denial of conjugal rights. Some of the instances are:- 1.If the husband allows the wife to study in a different place other than the matrimonial place. 2.If the wife allows the husband to work in other place other than the matrimonial place. 3. If the husband forces the wife to get away from the matrimonial home then the husband cannot seek divorce on the desertion ground. 4. If the wife without any valid reasons such as undergoing cruelty came out of the matrimonial home cannot claim divorce under the desertion ground. The acts will not include desertion if the animus deserendi had to be in doings of the other spouse himself or herself and not on the basis of situations created by other spouse. No one can file a application immediately to depart from the matrimonial tie up by breaking the tie on the ground of desertion should wait for more than three years from the date of marriage. Before one year of marriage the parties to the marriage cannot file divorce for the divorceable grounds and in case of desertion the two year desertion period should be shown unless it cannot be taken in the file of the appropriate court of jurisdiction. Even though the parties to marriage may live separately for several years they have to prove that it was not their mistake to live separately but it was the other spouse who deserted from the matrimonial society. Can a parties to the marriage can change religion after the marriage? All the marriages are religious except the civil marriages performed under law or by non-religious group such as atheists or communists. Hindu religion provides both customary marriage and non customary marriage. The only requirements under the Hindu marriage is both the parties must be Hindus. If both the parties even atheist or communist prefer to marry themselves under Hindu Marriage Act are governed by the Hindu Law. The Hindu Law gives permission to divorce other person whom their spouse converts themselves to other religions or renounces the world by obtaining sanyasa. If a person is a Hindu at the time of Marriage converts himself or herself to Christianity or Islam or any other religion the other person to the Hindu Marriage may approach the court for divorce on the conversion ground. Mere attending the church mass or going to dargha and having prayers of other religion is not a ground but conversion is need for the valid cut off for the divorce. The Religions such as Buddhists, Jain and Sikh were covered under Hindu Marriage Act. But there was no law settled or the courts declared that conversion from Hinduism to Buddhist or a Jain or a Sikh was granted divorce on the basis of religious conversion. But it is of an opinion that even a Hindu Who converts to Buddhist or a Jain or Sikh can be granted divorce for conversion even they are all and one governed by the same law which is the Hindu Marriage Act. In India there are lakhs of persons are converting themselves from Hinduism to Buddhism. And in significant manner to Christianity and Islam. But becoming a communist or atheist after the Hindu marriage is not a ground for divorce. The Hindu law made a big hole in its traditional and customary law and even the modern progressive Hindu law also has not included of becoming communist or atheist after marriage is a ground for divorce which defeats the very purpose of the Hindu marriage. But it is a sad news that even the communist and atheist born to the Hindu fathers are governed under Hindu Law and for the Christian and Muslim father by their respective law prevailing to their religions. There was no law governing the marriage between the non –religious, Communists or atheists. In case of Christians there is no necessity for both the parties should be a Christians. Even one of the party from other religion can perform a marriage with a Christian under Indian Christian marriage act without changing or converting his or her religion to Christianity. The Indian Divorce Act provides if a Christian who is converted to other religion is entitled for the other spouse to divorce his or her spouse. There is no clear picture in the divorce law governed for Christians that the non-Christian partner can divorce his or her spouse for the change of religion of a Christian spouse. In Islam any one party who converts to another religion can divorce the opponent spouse. The Special marriage act provides a party belong to same religion or different religion can marry under the civil rights and obligations between them. The person who married under the Special marriage Act has no provision for divorce when the other spouse has converted his or her religion. No legislation has declared what is conversion of religion. The law says merely attending other religious activities or practising the religious things is not conversion of religion. What is the actual conversion of religion. In gazette offices where a converted person seeks to publish that he or she is converted to other religion has certain yard stick for conversion. A mere baptism is not a conversion of a Hindu or a Islam to Christian Religion, they must produce conversion certificate from the Church office. A person cannot became a Hindu from other religion by performing certain poojas for conversion, but a certificate from Arya Samaj is a valid form of conversion from other religion to Hinduism. These are the conversion methods following in India despite of the other recognised form of conversion. What constitutes Mental cruelty? The Hindu Marriage Act provides a marriage can be dissolved by a decree of divorce on an application presented either by the husband or the wife on the ground that the other party has, after solemnization of marriage, treated the applicant with cruelty. Mental cruelty is defined either by the Act or by any courts. In a series of judgements the courts has repeatedly stated the meaning and outlined scope of the term ‘cruelty’. Cruelty is evident where one spouse has so treated the other and manifested such feelings towards him or her as to cause in her or his mind reasonable apprehension that it will be harmful or injurious to live with the other spouse. No uniform standard can ever be laid down for guidance. But court has enumerated some instances of human behaviour which may relevant in dealing with the cases of ‘Mental Cruelty’. The following are illustrative fixed for mental cruelty on the light of the supreme court of India’s intelligence: 1. On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty. 2. On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party. 3. Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty. 4. A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse. 5. The married life should be reviewed as a whole and few isolated instances over a period of years will not amount to cruelty. The ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty. 6. Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction through supported by a legal tie. By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage; on contrary, it shows scant regard for the feelings and emotions of the parties. In such like situation, it may lead to mental cruelty. What factors Supreme court of India fix as a definite form of cruelty. Expressly cruelty is not defined in the Act. But the legal cruelty for the purpose of divorce is explained by the Supreme Court of India in many cases. Cruelty can be physical or mental, intentional or unintentional. Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. It may be words, gestures or by mere silence, violent or non-violent. Cruelty should be wilful, unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental or as to give rise to a reasonable apprehension of such a danger. Proof beyond doubt, as in criminal trials is not required to prove cruelty. In physical cruelty, there can be tangible and direct evidence, but in the case of mental cruelty there may not at same time be direct evidence. For proof of mental cruelty court has to find out nature of cruel treatment, impact of such treatment in the mind of the spouse, whether it caused reasonable apprehension that it would be harmful or injurious to live with the other. There may be a case where the conduct complained of itself is bad enough and per se unlawful or illegal. Then the impact or injurious effect on the other spouse need not be enquired or considered which the supreme court of India emphasised in AIR 1988 SC 121. Whether the conduct of a spouse amounted to cruelty has to be considered in the background of several factors such as social status of parties, their education, physical and mental condition, customs and traditions. Mental trivial irritations, quarrels between spouses, which happen day-to –day married life, may not amount to cruelty. The court do not have to deal with ideal husbands and ideal wives. It has to deal with particular man and women before it. The ideal couple or mere ideal one will probably have no occasion to go to matrimonial court. What are the incidents Supreme court of India fixed as Mental Cruelty? 1.Making unfound indecent defamatory allegations against the spouse or his or her relatives in the pleadings, filing of complaints or issuing notices or news items which may have adverse impact on the business prospect or the job of the spouse and filing repeated false complaints and cases in the court against the spouse would amount to causing mental cruelty to the other spouse. 2.Spouse can cause mental cruelty by his or her conduct even while he or she is not staying under the same roof. A spouse can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing complaints containing indecent allegations or by initiating number of judicial proceedings making the other spouse’s life miserable. 3.Marriage not consummated by a spouse despite the efforts of the other spouse is covered under mental cruelty. 4.Not allowing sexual relationship for a long time without sufficient reason by other spouse is within the parameter of the mental cruelty. 5.The spouse alleges the other spouse and family members are genetically insane. 6.The husband or wife makes the other party was guilty of adulterous course. 7.Refusal to participate in proceeding of divorce and forcing the other party to stay in a dead marriage would itself constitute mental cruelty. 8.The wilful and intentional removal of mangalasustra or thali amounts to mental cruelty. 9.Consuming liquor and abusing the other spouse physically and mentally is cruelty. 10.Demanding the balance of dowry amounts to mental cruelty 11.Assault and abuse for minor and insignificant matter amounts to cruelty. 12.Ask to sleep with the brother-in-law is mental and physical cruelty. 13.Torturing the wife to brink her sister to sleep with the husband is also mental cruelty. 14.Compelling the wife to do domestic work like maid servants is physical and mental cruelty. 15.Husband not taking care of the wife disease and not taking her to doctor is mental cruelty. 16.Giving a fake police complaint is mental cruelty. 17.Husband misbehaving in presence of elders and relatives is subjected to mental cruelty. 18.Contracting a second marriage does not amount to mental cruelty. 19.Mere complaint to women cell does not amount to mental cruelty. 20.Discussing sexual relationship to other persons may or may not form mental cruelty according to circumstances and the status of the parties. How to solve Matrimonial problems in Counselling centres? In the Modern days there are many counselling centres established by the physiatrists as clinics and counselling centres also functioning in the family courts, even All Women Police Stations are accessed to counselling centres to solve the minor problems and misunderstandings between he spouses. In family courts before conducting the trial it makes way to solve the problems between the spouses. In the first hearing it provides counselling session to the couples. The experienced counsellors give minimum three counselling to the parties to the disputes. In further development of peaceful measures it extend its counselling session also. If it need they also call the family members to solve the problems between the spouses. In certain circumstances if the family court feel there is a stale mate in the cases and there was no possibility for reunion, it tries for mediation between the parties. Mediation is preferred in the cases when unhealthy circumstances prevail in the matrimonial dispute or it should arrive a quick disposal for a long pending disputes by amicable means. Instead of pouring ugly waters on each side mediation makes a way for decent departure or for amicable settlement for disputes. The parties to the legal disputes can always avail the mediation not get more worse for their disputed life. Except serious problems the All Women Police station also tries to settle the problem between the spouses in a solution oriented way. They refer the cases to trained counsellors and solution oriented physiatrists. In failure of the mediation they advise to approach proper forum to get legal remedy. But for serious matrimonial offences they proceed in accordance with law. On the increasing matrimonial disputes and its pendency for several years Indian laws and the supreme court of India has formulated many methods to solve the matrimonial disputes in the early stage of litigation between the spouses. Under section 9 of the Family Courts Act, the Family Courts are making all efforts to settle the matrimonial disputes through mediation. Even if the counsellors submit a failure report, the family courts shall, with the consent of the parties, refer the matter to the mediation centre. The criminal courts dealing with the complaint under section 498 A of the Indian Penal Code should, at any stage and particularly before they take up the complaint for hearing refer the parties to mediation centre if they feel that there exist elements of settlement and both the parties are willing. However, they should take care to see that in this exercise, rigour, purport and efficacy of Section 498 A of the Indian Penal Code is not diluted. Needless to say that the discretion to grant or not to grant bail is not in any way curtailed by this direction. It will be for the concerned court to work out the modalities taking into consideration the facts of each case. All mediation centres shall set up pre-litigation desks/clinics; give them wide publicity and make efforts to settle matrimonial disputes at pre-litigation stage. The parties to the dispute should believe that the cause of the misunderstanding in a matrimonial dispute is trivial and can be sorted. Mediation as a method of alternative dispute resolution has got legal recognition now. In India lakhs of cases regarding matrimonial disputes were referred to mediation centres every month. The supreme court of India has observed that about 15 % of matrimonial disputes get settled through courts through various mediation centres. Indian courts are also at the first instance of hearing, it is referred to mediation centres. Matrimonial disputes particularly those relating to custody of child, maintenance, etc are pre-eminently fit for mediation. Section 9 of the Family courts Act enjoins upon the Family Court to make efforts to settle the matrimonial disputes If the parties to the dispute was not able to solve the problems in counselling and in mediation it is better to put an end to the matrimonial tie up by the means known to the law. About Author : Mr.K.P.Satish Kumar is a Practising advocate in Madras High Court. He enrolled as an advocate before the Bar Council of Tamilnadu and Pondicherry in the year 1997. He holds B.L. in Dr.Ambedkhar Govt Law College, Chennai and M.L. Decree in International law and Constitutional Law from University of Madras. He is an orator and writer with an excellent proficiency both in Tamil and English. He is a Political Philosopher and the President of Thamizhar Desam. His advises has changed many peoples upside down, solved their problems in an effective manner, leads to happy life. He is the leading lawyer for divorce in Chennai. Published by Daniel & Daniel New No.99, 3rd Floor, Armenian Street, Chennai-600001 Tamil Nadu, India. Email:- matrimonialsolutions@hotmail.com Helpline:- 9884883318

One Hour Husband

Traditional unwelcome it, it welcomed by the unconventional. Right or wrong it is a newly growing trend in the IT corridors and newly developing suburbs. It is also an out product of the different racial and linguistic interactions in the society. Relying on other peoples husband when they are boyfriend less. We cannot claim that such person are insane to their acts, they are all well sane and clear of their relationships. Not North West with Kim Kardashian nor Brad Pitt with Angelina Jolie got promoted from one hour husband to 24 hours duty, it also sad that they were legally broken in latter days. Today women chooses one hour husband who were legally the other women’ legal husbands. The reason not to fell in the matrimonial bondage but to reap the benefits of the matrimonial bondage except bearing children’s, some times in a longer relationships they bear children’s also for the one hour husband. To entertain, to share meals and cocktails, to share bed, to provide the basic amenities, to share the household works, going out, sharing weekends, dropping in work place, chatting, sharing pleasures and worries, take care of vehicles, filing the loneliness etc., and extra matters. The male counter parts feels that the wife is chilly and the bed sharer is gilly. They feel comfortable love along with compassionate. These are the tricky relationship that can put an end at any time when one of the party feels to quit. These kind of relationships are quite common among single mom’s, widows, working women’s living separately. They feel this kind of relationship is better to them, hence they have no legalities when are departed. No alimony, No court cases, no bondages in the future and the trauma of the legal battles. The real wife have difficulty in smelling this kind of relationship because this relationship is only for a duration of one hour in morning or in evening or at both times. When wife give troubles the husband then make themselves forward with a divorce petition in the court. Some times the husband permanently moves towards the one hour wife. Some the female lead will stop the one hour husband relationship. If the husband fails to play in a proper manner then it may arise to complicated and complex legal problems. Indian laws gives such kind of relationship as adultery. In such kind of situation the widows choose to travel in a legal way by putting an end to the legal relationship of the one hour husband with his first wife. In case of single mom on the comfort and social aspects they also tries to claim legal status. For others they take don’t care policy when problem arises. Article by Advocate k.P.Satish Kumar M.L. Madras High Court. Top divorce lawyer in Chennai By team Daniel & Daniel Head office : New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India Helpline:- 9884883318 Email:- advocatechennai@gmail.com

One man’s wife and Another man’s mistress

It is common in the cosmopolitan cities like Chennai and Mumbai One man’s wife is the another man’s mistress. It growing remarkable benchmark in recent years. Seetha wife of the Puthiapathai Parthiban is the Heroine of the Telestar Satish, when she was caught in red hand she created a new puthiyapathai and settled with the telestar. Alicia Keys was keep of Swizz Beats triangles his relationship with his wife Mashonda. The stories of Katye Walsh, Patti Scialfa, Madano, Melaine Griffith continues in the Holly wood sky as Sridevi, Rani Mukerjee, Hemamalini continues the limelight of the above rule of concubine which law only gives adultery status not a wife but a mistress. Oxford defines adultery as “Voluntary sexual intercourse between a married person and a person who is not a spouse. The scarped Indian IPC says that if a man has sexual intercourse with a married woman without her husband's consent, he is punishable by law. The man could be imprisoned for five years or more and even pay a fine. Now no punishment for enjoying or keeping another men’s wife in India. This is the lack of intelligence in Indian governance. The Supreme Court’s baptism and removal of Adultery from sinful list may lead the nation to Sodom and Gomorrah. The unnatural sex the legal term Sodomy is came from the activities of the Sodomites. Even though the modern communities makes it legal move to have mistress within marriage format or without marriage format, the victim wife and the husbands have remedy to put an end to their matrimonial life legally. One day somewhere in the world starts adultery is not a ground for divorce and there is chances it will also penetrate in the Indian Communities. Even adultery is hard to prove in courts Cleopatra’s bed or in Clinton’s office. If the victim want to nip in the head of the adulterer husband or wife, they should trap them, fix evidence and real proof with an unexpected attack. It is simple as possible to chop the wrongdoer when victim plans to teach a lesson with an organised and well equipped legal team. Article by Advocate K.P.Satish Kumar M.L. Advocate Madras High Court Top Divorce Lawyer in Chennai By Team Daniel & Daniel Helpline:- 9884883318 Head Office:- New No.99, 3rd Floor, Armenian Street, Chennai-600001. Tamilnadu, India. Email:- advocatechennai@gmail.com

Second Marriage Without losing Virginity - Legal Aspects.

I didn’t lose my virginity until I was 32’ – a bold statement made by Sophie Atherton to ‘The Guardian”. Sophie Atherton is a freelance journalist who specializes in writing about women’s issues, feminism and beer. Virginity is defined by the Oxford dictionary as the state of never having had sexual intercourse. In entomology it is defined as a female insect that produces eggs without being fertilized. But it also refers to a person who is naive, innocent, or inexperienced in a particular context. What ever it may be but the world perceives that if a girl is married then she loses his virginity. And when the marriage is broken, she is treated as the second hand goods in the marriage industry. Here I teaches how to have a second marriage without losing virginity. A marriage will be broken down due to many unexpected encounters and the affected party tries to correct the others mistakes and waste the time in the matrimonial life. The affected party branded herself as the wife of the defected party. Few years before I met a highly religious and orthodox girl who met her husband at her first night in a fully drunken state. The marriage broken when he enters her room itself. The next morning elders decided to put an end of a 50 lakhs costly marriage in the church. The parents contacted me and I advised them to save the girl from the matrimonial tie-up without losing her virginity. Deepak Tijori the 90s star who swim’s in the Bollywood waters for long years obtained null and void from Shivani Tomar, a Bollywood lead after living as a husband and wife even after going a marriage ceremony 20 years before for the reason the first marriage of Shivani Tomar was still subsisting and she has not obtained divorce from her first husband and she has undergone a marriage ceremony with Deepak Tijori. In this marriage even both Deepak and Shivani has sexual intercourse for 20 years, the court has declared the marriage between them is null and void. Indian court also grant the same null and void for non consumption of marriages. The question before the young couples is what is the non consumption of marriages. Both the civil laws and religious laws emphasis to put an end to an marriage when a marriage was not consummated between the parties to the marriage. When there was no sexual intercourse between the men and women after marriage then it comes under non consumption of marriage. Few years back I met a men where he complains me that the boy friend of the bride came to the marriage place and a big quarrel took place between the bride and her boy friend in the marriage hall. Thereafter even though the marriage is performed they never lived as a husband and wife for single day. I advised them to dissolve their marriage without losing their virginity. Some people asked me that when a wife is using pills or any contraception to avoid comes under non consumption of marriage. Some religious doctrines accepts this ground under non consumption of marriage. All over world when a person get a null and void of his or her marriage under non consumption of marriage, it is believed and the decree has the legal sanctity that there was no sexual inter course took place under their marriage. Even null and void has several formats but under going a second marriage without losing virginity can be obtained by the null and void decree under the ground of non consumption of marriage. Refusal or willful refusal to perform the sexual intercourse after marriage comes under non consumption of marriage. And inability to perform a sexual inter course after the marriage is also comes under the non consumption of marriage. Non consumption of marriage is not the satisfaction in the sexual inter course but the non performance of the very being of the sexual act itself. There are many Shakespeare’s Othello who were not consummated with the Desdemona’s in the modern world. Women rose to place most of their self-esteem and identity in virginity can have a tough time. For them taking on a new role as a married woman and a new identity as a sexual human being, is difficult. Non consumption in many marriages is due to the compulsive marriages for the daughters in rare instances it may happen to sons also. Parents refusal to marry the loved ones is also a major cause for the non consumption of marriage. The failed surgeries like hymenectomy is also a reason in the medical field. Even gynecological problems also leads for non consumption of marriage. Medical grounds such as Erectile dysfunction and Vulvodynia problems facing by females are also the common cause .Sexual dysfunctions like Vaginismus & low desire in females & Erectile Dysfunction and premature ejaculation, low desire in males are the major reasons for non consumption of marriages. Today there are thousands of Shakespeare’s Othello’s are under going the same problems. Only thing to announce to the world is early decision to get null and void under non consumption of marriage. One intelligent move makes them to have a second marriage without losing their virginity. Author :- K.P.Satish Kumar M.L. Advocate Madras High Court Leading Null and void lawyer in Chennai. By Team Daniel & Daniel Helpline :- 9884883318 Head Office:- New No.99, 3rd Floor, Armenian Street, Chennai-600001. Email:- advocatechennai@gmail.com

Hindu women cannot claim property rights from Muslim Husband

A Hindu women who marry a Muslim Male is invalid, Supreme Court declares law in Mohamed Salim Case on 22/1/2019. The Kerala Girl Valliamma who married Mohammed Illias and gave a bith to a male child Samsudeen, who subsequently married Aliyarkunju after his death. The supreme court denied Valliamma as a legal heir of Illias. The SC citing the mohamedan law which states as “ A Mahomedan male may contract a valid marriage not only with a Mahomedan women, but also with a Kitabia, that is, a Jewess or a Christian, but not with an idolatress or a fire worshipper. A Marriage however, with an idolatress or a fire worshiper, is not void, but merely invalid.” Supreme court has not cleared whether a invalid marriage which exists for a long years can be validated under law. But SC has stated that the person who claims wife status under an invalid marriage cannot obtain legal heir status as wife. And the property of the Muslim male husband don’t devolve to the wife under invalid marriages. But Supreme Court has approved the children’s are given legitimate status and who were born under the invalid marriage can be treated as legal heirs for the purpose of the property. The position that a marriage between a Hindu woman and Muslim man is merely irregular and the issue from such wedlock is legitimate has also been affirmed by various High Courts. (Aisha Bi v. Saraswathi Fathima, (2012) 3 LW 937 (Mad), Ihsan Hassan Khan v. Panna Lal, AIR 1928 Pat 19). The marriage of a Muslim man with an idolater or fire ¬worshipper is neither a valid nor a void marriage, but is merely an irregular marriage. Any child born out of such wedlock is entitled to claim a share in his father’s property. It would not be out of place to emphasise at this juncture that since Hindus are idol worshippers, which includes worship of physical images/statues through offering of flowers, adornment, etc., it is clear that the marriage of a Hindu female with a Muslim male is not a regular or valid marriage, but merely an irregular marriage. The Authour K.P.Satish Kumar M.L. is the Advocate in Madras High Court By Team Daniel & Daniel Join Our Whattsapp Group @ 9840802218

NCW is a Lame Duck or Legal Guardian for women.

NCW is a Lame Duck or Legal Guardian for women. Suo motto notice in Mayavathi case to UP MLA Sadhana Singh by the National women commission for the defamatory remarks makes the nation to watch the powers of the NCW. Is NCW is the super power to protect the women’s rights or only opinion makers in the crime against women. NCW is only created for the recommendations of welfare of the women’s. But the Act also gives some powers to receive complaints from the women’s. The question is whether a effective remedy is available to women or mere a eye washer. NCW rejects the following complaints from the very nature of filing a complaint i) Vague and anonymous complaints ii) Civil Disputes iii) Service, labour/industrial disputes not involving any deprivation of women’s rights iv) Matter pending in Court Only the commission can handle the cases pertaining to 1.deprivation of women’s rights; 2. non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development; 3.non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities; In the case of Mayavathi is the matter of defamation made by the MLA. Even though the NCW finds guilt on the part of the MLA, the NCW has no power to punish the MLA. It can only recommend the proper authorities to take action on it. A question rises why can’t a person directly approach the proper authority for legal remedy without wasting time in NCW. The Indian legislation should give more powers to the NCW with the power of Punishing the accused. Unless NCW only act as paper worker not as a protector for women’s. Authour K.P.Satish Kumar M.L. Advocate High Court Madras By Team Daniel & Daniel Join Our Whattsapp Group 9840802218.