Live-in relationship

This query is : Resolved 

28 October 2018

My wife has deserted me 10 years back. Both of my minor children lives with my wife. My wife is working as professor in a national institute & i work as engineer in a PSU.
My wife receives regular monthly maintenance for herself as well as for children.
My wife denies to live with me due to her own reasons.
In the year 2008, I filed a case of restitution of conjugal right u/s -9. The case is still pending as my wife is lingering the suit tactfully.
Few years back, I was introduced with a women through my co-league. She is widow and have a minor girl.
Can I live in with the lady or can I marry her.

Dhingra: (Expert)
Click to Talk
28 October 2018

Get divorce from your wife and marry your liked widow to live with her happily.

Isaac Gabriel (Expert)
28 October 2018

You are locked in the divorce case from 2008. giving maintenance to your children.Unless objected to, no problem.Yet, the recent judgement by the Apex court may find favour with you. Consult your lawyer since the balance of convenience linger with your wife.

28 October 2018

Dear Sir,
In India without legal divorce you cannot continue live in relationship. Previous relationship though considered as live in but it was legalized through various litigations. Better to approach the High Court and get a time bound disposal of pending cases as per following circular.
Karnataka Case Flow Management Rules
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

Please mark “LIKE” if satisfied by my answer.

Vijay Raj Mahajan (Expert)
29 October 2018

You may live with her without marriage if she agrees for it. Marrying her without dissolving your first marriage will amount to act and offence of bigamy.
Withdraw section 9 HMA case as that is absolutely useless and serve no purpose other than source of income for lawyers of both sides, mere waist of time and money.

Dhingra: (Expert)
Click to Talk
29 October 2018

Perfect and sincere advice by tShri Vijay Raj Mahajan. You can follow that.

Dr J C Vashista (Expert)
29 October 2018

I fully agree with the expert advise of Mr. Vijay Raj Mahajan and Mr. PS Dhingra, enjoy live-in relation with the lady. There is no legal objection/ hurdle in such relation.

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