Legal Question in Family Law in India

Hi I am a married woman. If i run away to my lover,can we live in the same hotel room and yet escape adultery? My lover is living in a hotel which is provided by the company where he works. Will hotel check in records be enough to prove adultery even though we never intend to have sex. I don not understand why the law assumes that sex is involved when a married woman lives with another man. The circumstance is that i need to run away from my husband because he tortures me, so i don't have any other options rather than living with my lover. Please advise. Your advise would be very helpful to me. Thanks.


Asked on 11/10/11, 8:38 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

a) No. He will be guilty of the offence.

b) The case still be registered; however, final outcome will depend upon evidence produced by the parties during trial;

c) The conduct of the parties leads to such presumption. If two persons of opposite sex live together without any other declared relationship, it will be presumed they have a "live-in" relationship akin to marriage.

This presumption has been created also to protect women from exploitation in the hands of irresponsible elements.

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Answered on 11/10/11, 8:30 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Mr Goel

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Answered on 11/13/11, 10:15 pm


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