Benefits for Live in Relationship 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.

திருமணம் பதிவு செய்யாவிட்டால் விவாகரத்தை பதிவு செய்ய வேண்டுமா?

இந்து திருமண சட்டத்தின் 13 வது பிரிவின் கீழ் நீங்கள் விவாகரத்து செய்யலாம்.
உங்கள் கணவர் விவாகரத்துக்கு ஒப்புக்கொள்கிறீர்கள் என்றால், உங்களிடம் ஒரு விருப்பம் பரஸ்பர ஒப்புதல் மூலம் விவாகரத்து செய்யப்படுகிறது. இந்த நன்மை நீங்கள் இருவரும் விவாகரத்து விதிமுறைகள் மற்றும் நிபந்தனைகளை ஏற்று கொள்ள முடியும் மற்றும் 6 மாதங்களுக்குள் விவாகரத்து.
மாவட்ட நீதிமன்றத்தில் விவாகரத்து ஆணையை ஒரு ஆண்டு அல்லது அதற்கு மேலாக தனித்தனியாக வாழ்ந்து வந்திருக்கின்ற காரணத்தினால், அவர்கள் வாழமுடியாத காரணத்தினால், கட்சிகள் கூட்டாக சேர்ந்து திருமணத்தை கலைக்கலாம் என்று பிரிவு 13 பி பிரிவு கூறுகிறது. திருமணமும் கலைக்கப்பட வேண்டும் என்று அவர்கள் இருவரும் ஒப்புக்கொண்டார்கள்.
நீதிமன்றம் பின்னர் கட்சிகளின் கூட்டு அறிக்கையை பதிவுசெய்து, முதல் சந்திப்புக் கட்டளையை 6 மாதங்களுக்கு ஒரு முறை விவாதத்தைத் தீர்ப்பதற்கு கட்சிகளுக்கு இடமாற்ற வேண்டும், இருப்பினும், குறிப்பிட்ட காலத்திற்குள் கட்சிகள் இந்த பிரச்சினைகளை தீர்ப்பதற்கு முடியவில்லை விவாகரத்து ஒரு ஆணையை கடக்கும். எனவே, பரஸ்பர ஒப்புதல் மூலம் விவாகரத்து 6-7 மாதங்கள் எடுக்கும்.
அவர் மேலே கூறியதற்கு உடன்படவில்லை என்றால், நீங்கள் விவாகரத்து கோரிக்கையை பிரிவு 13 (1) (i) இன் கீழ் விபசாரம் மூலம் தாக்கல் செய்யலாம், ஆயினும், அவர் விபச்சாரம் செய்ததாக நிரூபிக்க வலுவான மற்றும் உறுதியான ஆதாரங்கள் தேவை.
அல்லது நீங்கள் உடல் மற்றும் மன கொடூரத்தின் அடிப்படையில் பிரிவு 13 (1) (i) கீழ் ஒரு மனுவை தாக்கல் செய்யலாம். அவர் உங்களை பற்றி தனது குடும்பத்தை பற்றி சொல்லவில்லை மற்றும் ஒரு வருடம் அவர் உங்களுடன் தங்கியிருக்கவில்லை என்ற உண்மையை நீங்கள் ஆதரிக்க முடியும்.
நீங்கள் திருமண அழைப்பிதழ் மற்றும் புகைப்படங்கள் திருமணத்தை ஆதாரம் மற்றும் விவாகரத்து பெற முடியும்.

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, 3^rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India

Helpline:- 9884883318

Email:- advocatechennai@gmail.com

Second Marriage Without losing Virginity

Author Advocate K.P.Satish Kumar M.L.

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, 3^rd Floor, Armenian Street, Chennai-600001.

Email:- advocatechennai@gmail.com

Mere Cohabitation and living for long years with a man will not give wife status

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 into between parties agreeing that they would not take another spouse and that 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 can treat as husband and wife.

When a valid marriage is not established between the parties then the parties cannot claim husband and wife status. They wont 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.

What are the valid format of marriages?

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. A persons of 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.

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 wife and landlord, 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 are 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.

Authour K.P.Satish Kumar M.L.
Top Divorce Lawyer in Chennai
By Team Daniel & Daniel
Helpline :- 9884883318
Head Office:- New No.99, 3rd Floor, Armenian Street, Chennai-600001
email:- matrimonialsolutions@hotmail.com

Child Custody to Grand Parents - Helpline :- 9884883318

Law permits on certain conditions the child custody to the grand parents. Being father and the mother is a natural guardian, the custody of the child remains with them. Grand parents were granted the child custody in certain circumstances and conditions.

Before granting child custody two things should be considered by the court. They are (1) Controlling consideration governing the Custody of children is the welfare of children and not the right of their Parents  as per Nil Ratan Kundu case in 2008 (9) SCC 413 (2) Paramount consideration is the welfare of the minor and not the legal right of a particular party as decided in 1993(1) RRR 413 (SC) (3) If the minor is old enough to form an intelligent preference or judgment, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor. (4) In the Nil Ratan Kundu case child was called by Supreme Court in chamber and custody given to maternal grand parents in preference to father.

On determining the child custody court may not always give custody to parents alone but in extra ordinary circumstances it may also grant custody to the grand parents. Before determining the custodial rights courts should go the following acid test.

(1) Object of Guardian and Wards Act, 1890 is not merely physical custody of the minor but due protection of the rights of ward's health, maintenance and education.

(2) Due regard has of course to be given to the right of the father as natural guardian but if the custody of the father cannot promote the welfare of the children, he may be refused such guardianship. 1973(1) SCC 840 relied.

(3) Simply because the father loves his children and is not shown to be otherwise undesirable does not necessarily lead to the conclusion that the welfare of the children would be better promoted by granting their custody to him.

(4) First and the paramount consideration is the welfare of the child and not the right of the parent. JT 2008(6) SC 634 relied.

(5)Custody of child cannot be given merely on ground of financial soundness of the party - Paramount consideration should be welfare of minor.

(6) The moral and ethical welfare of the child must also weigh with the Court as well as its physical well being.

(7) Father is natural guardian of minor, but paramount consideration is the welfare of the minor and not the legal right of a particular party.

(8) Keeping in mind the welfare of the child as the sole consideration, it would be proper to find out wishes of the child as to with whom he or she wants to live.

(9) Custody  cases cannot be decided on documents, oral evidence or precedents without reference to 'human touch' - The human touch is the primary one for the welfare of the minor since the other materials may be created either by the parties themselves or on the advice of counsel to suit their convenience. AIR 2003 Madras 315 relied.

(10) A court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents - In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child.

(11) If the minor is old enough to form an intelligent preference or judgment, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.

(12) Controlling consideration governing the custody of children is the welfare of children and not the right of their parents.

(13) One of the matters which is required to be considered by a Court of law is the 'character' of the proposed guardian.

On under going the above acid test a child custody can be given to the grand parents instead of the father.

Author K.P.Satish Kumar M.L. Advocate Madras High Court

Leading Child Custody Advocate

By Team Daniel & Daniel

Head Office :- New No.99, 3^rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9962999008.

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’s or on reconciliation 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

Authour K.P.Satish Kumar M.L. Advocate Madras High Court

Leading Divorce Lawyer in Chennai

By Team Daniel & Daniel

Head Office New No.99, 3rd Floor, Armenian Street, Chennai-600001, Tamilnadu, India.

Helpline:- 9962999008.