Satyawan 04 October 2018

Will my live in relationship legal ?

Sir/madam, My wife is living separately from me She is getting maintenance under dv act. I am not Divorced. Can I enter into a live in relationship with my old female friend who is now divorced. Can I be charged for bigamy(494) or adultery (497). Please guide sir.....

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Vijay Raj Mahajan (Advocate) 04 October 2018

No charges under section 494 IPC if you are not marrying the woman. As far section 497 IPC is concerned that was not for you as this woman was divorcee not having husband who could file complaint against you moreover now section 497IPC has been declared unconstitutional and scraped so nothing to worry from that provision.

Satyawan 04 October 2018

Sir can police harass me if my wife files 494 IPC

Vijay Raj Mahajan (Advocate) 04 October 2018

Complaint under section 494 IPC is non-cognizable offence other than in the State of Andhra Pradesh/Telingana, so police will not take cognizance of the complaint made by wife under section 494 IPC in any other state in India.

Satyawan 04 October 2018

Sir, Can there be any arrest if I enter into live in relationship and my wife 494 IPC. ?

Satyawan 04 October 2018

please answer

N.K.Assumi (Advocate) 04 October 2018

Querist, don't worry, that section 494 IPC is for "Marrying again during the life time of husband or wife". Live in Relationship is not marriage to attract 494 IPC. Live in Relationship in India is as not new, it is old as our mountains and rivers.If a man or a woman is heart broken and finds solace in someones arms, why should the law punished such person? It is just not fair from simple human level. Go ahead find solace in her arms, if there is any shoulder to cry on.