Benefits for Live in Relationships for Womens

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.

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 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.comSecond Marriage >

Can Indian courts can decide the Child custody of a Foreign National child

The Supreme court of India has decided in Arathi Bandi case that Indian court should not interfere or set-aside the foreign court decree on the on the ground that USA law was inconsistent with Indian Law. In a peculiar case where husband and wife acquired USA citizenship and married in USA according to Hindu rites and customs. And they also obtained divorce according to US laws in US Courts. Husband has obtained child custody in US courts. On arriving India the Indian police took the child from the father and handed over to the mother. Supreme court strictly ask the mother to return the child and to obey the US court order. Indian courts now settled the proposition of law in child custody as (i) A parent doing wrong by removing children out of the country does not gain any advantage by his or her wrongdoing. (ii) Contention that the American court, which passed the order/decree has no jurisdiction and being inconsistent in Indian Laws can not be executed in India - Contention not tenable. (iii) Husband to make necessary travel arrangements for stay of wife and child according to her status prior to dissolution marriage. In the custody of child Welfare of child is to be the paramount consideration - Even if at an earlier stage by way of summary proceedings under the Act custody was given to one of the spouses by the court but at the time of subsequent proceedings for permanent custody of the child, the child was in the custody of the other spouse against the orders of the summary court, the family court will proceed as if the child was in legal and proper custody and whether in taking away the child from such custody will be in favour of happiness and welfare of the child - Removal of the child from its native land to another country where his native language is not spoken, child being divorced from the social customs and contacts to which he has been accustomed, interruption in his education are some acts which could psychologically disturb the child. Author K.P.Satish Kumar M.L. Advocate Madras High Court Team Daniel & Daniel Helpline: 9962999008

Guidelines for Mental cruelty for Divorce

Authour : Advocate K.P.Satish Kumar M.L. Madras High Court. Leading Divorce Lawyer in Chennai. After the solemnization of the marriage when any of the spouse either the husband or the wife is treated with cruelty, they are eligible for divorce. Section 13 (i) (a) of the Hindu marriage has not defined the term cruelty. But the courts has interpreted that cruelty falls under Physical and mental cruelty. And the cruelty may be intentional or unintentional. If it is physical, the court will have no problem to determine it . It is a question of fact and degree . If it is mental, the problem presents difficulty. The Supreme court at various circumstances has summed up the situations which are fall under mental cruelty. The expression 'cruelty' has an inseparable nexus with human conduct or human behaviour . It is always dependent upon the social strata or the milieu to which the parties belong, their ways of life, relationship, temperaments and emotions that have been conditioned by their social status. The conception of legal cruelty undergoes changes according to the changes and advancement of social concept and standards of living. To establish legal cruelty, it is not necessary that physical violence should be used. A set of facts stigmatized as cruelty in one case may not be so in another case. The cruelty alleged may largely depend upon the type of life the parties are accustomed to or their economic and social conditions. Each case may be different. New type of cruelty may crop up in any case depending upon the human behaviour, capacity or incapability to tolerate the conduct complained of. Mental Cruelty in Section 13(1)(ia) of Hindu Marriage Act can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. What is cruelty in one case may not amount to cruelty in the other case :- How to fix Mental cruelty. 1.The concept of cruelty differs from person to person depending upon his upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious belief, human values and their value system. 2.Mental cruelty cannot be established by direct evidence and it is necessarily a matter of inference to be drawn from the facts and circumstances of the case. 3.Question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status and environment in which they live. Guidelines for Mental cruelty : 1.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 2. 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 danger. 3. Proof beyond doubt, as in criminal trials is not required to prove cruelty. 4.In physical cruelty, there can be tangible and direct evidence, but in the case of mental cruelty there may not at the 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. 5.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 into or considered. 6.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 conditions, customs and traditions. 7.Mere trivial irritations, quarrels between spouses, which happen in day- to-day married life, may also not amount to cruelty. 8.The Courts do not have to deal with ideal husbands and ideal wives. It has to deal with particular man and woman before it. The ideal couple or a mere ideal one will probably have no occasion to go to Matrimonial Court. Circumstances to Mental cruelty :- 1. Wife publishing a notice in newspaper that her husband was womaniser, drunkard and a man of bad habits. It was mala fide and the motive was to demolish the reputation of the husband in the society. It created a dent in his reputation which is not only the salt of life, but also the purest treasure and the most precious perfume of life. 2. Husband getting ready to go to factory, the wife sometimes used to crumple the ironed clothes. 3. The wife who hides the keys of the motorcycle when the husband goes to job. 4. The wife closes the main gate when the husband goes to job. 5. Wife launched prosecution under Section 498-A against husband and other relatives while ended in acquittal. 6. Wife made baseless allegation in written statement that her husband had extra marital relations with another woman. 7. Husband and wife both professional doctors. Wife advised her husband not to ask certain female staff members to come and work on off-duty hours when nobody else was available in the hospital. Not to work behind the closed doors with certain members of the staff. There were clear manifestations of her suspecting the husband's fidelity, character and reputation. Constant nagging on those aspects, certainly amounted to causing indelible mental agony and amounts to cruelty. By Team Daniel & Daniel Attorneys & Solicitors Helpline :- 9884883318

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