Legal Question in Family Law in India
My husband avoids living with me because of my in laws. I refuses to live with my in laws as my father in law had once tried to assault me. Now suddnly my husband left n wants me to live away from him for few months. I have come to know that he wants to go in maitri karar. Is it legal his doing this? Now what should i do? I love him so much n dnt want divorce. Plz help me.
2 Answers from Attorneys
1) It was not legally enforceable, but the Maitri Karar was meant to give a sense of security to the married man's 'other woman. U r legally married wife. Where is the question of Maitri Karar? If he marries another woman he will be charged of bigamy.
2) In Gujarat a system prevailed in which a man and a woman entered into a friendship agreement, a legitimate contract before a magistrate. It had a social and legal sanction and was popularly known as "maitri karar".
3) Later this practice was converted into a "service agreement", according to which the man would keep the woman of his choice in his house as a helper or a maid servant. Not surprisingly, this contract, too, had a legal and social legitimacy. It is well known that this practice was followed by many Ministers and senior bureaucrats.
4) The Maitri Karar was a pact between a married Hindu man and his 'other woman' to circumvent provisions of the Hindu Marriage Act that prohibits another marriage while the wife is still alive.
This is a term specific to Gujarat and is essentially a method to bypass the stringent provisions of the
Hindu Marriage Act and enter into an "undeclared second marriage".
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