Man and Women Physical Relationships and Its Legalities

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

Political Philosopher
Daniel & Daniel Helpline:- +919884883318 Page 1
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


Man and Women Physical Relationships and Its Legalities

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Men and Women Physical

Men is meant for Women and Women is meant for

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

The Body and the Mind of the women are made

The object and the aim of the human life is the

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

The submission of women to men and the men to

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

Some religions says that both the husband and

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

How many husbands can a women have?

Modern laws in all societies permit a women to

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

Having a husband or marrying a person when the

The second husband has also have the legal

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

After the death of the first husband the women is

How many wives can a man have?

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

In the historical times Indian rulers and the ruling

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

In all communities a man marrying all the sisters

The Muslim religion and the Syrian catholic a sect

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

The modern women never allows her husband to

Can a women live with another men apart

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

Women in the modern society is allowed to

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

Indian law says if a women is living with a

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

Can a men live with another women apart

The men and women who are living together with

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

Muslim men and Syrian catholic can have four

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

In India it is quiet common to have two wife

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

If men live with other women apart from his wife

What is legal right for the concubine?

The Concubine has no legal right in and out side

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

Mere cohabitation or negotiation for marriage is

Registered agreement entered in between the

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

A person cannot be said to married merely they

When a valid marriage is not established between

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

When a Marriage became valid?

1.A Hindu and a Christian cannot undergo a

2.A Hindu and a Muslim cannot undergo a

3. Marriage between persons belong to different

4. Persons belonging to Hindu or Christian cannot

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

6. Having a marriage certificate without

7. Merely registering a fake marriage which was

8. Any marriage which took place without the

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

10. Birth certificates of the children is not a valid

11. Affidavit sworn before the Notary public and

12. A man lived as husband and wife for more

13. No strict proof of marriage is necessary to

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

1.Tying of mangalliyasootara or thali around the