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Arjun   17 November 2016

Live in before getting divorce

Hi,

I have some general question.

In a case, wife filed Divorce petition with false allegations. case is pending and it will take time to get the result.

During that, can the husband have a live in relation ship with other woman? is it legal

Thanks,

Arjun



Learning

 10 Replies

Mukesh sharma (job )     17 November 2016

Hi live in relation not valid in india till so if you live with other woman its not effect your case coz it has no ground 

but you could not married to other women before you have not give divorce/death 

 

Mukesh sharma (job )     17 November 2016

Hi live in relation not valid in india till so if you live with other woman its not effect your case coz it has no ground 

but you could not married to other women before you have not give divorce/death 

 

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     17 November 2016

Live in Relationship is NOT legal in India, However remedy available ONLY to woman in terms of DV Act and other laws.

 

Regads,

Zohebkhatri@gmail.com

Ms.Usha Kapoor (CEO)     17 November 2016

lIVE IN RELATIONSHIP DURING DIVORCE PROCEEDINGS IS ILLEGL IN iNDIA  NOR YOUR 2ND MARIRIAGE. AFTER  YOU OBTAIN A DIVORCE DECREE FROM COURT ONLY  YOU CAN INDULGE IN THESE  TYPE OF RELATIONSHIPS OR REMARRIAGE.iF YOU APPRECIATE THIS ANSWER PLEASE CONVEY MY FORUM THANKS BY CLICKING THANKS.

SACHIN AGARWAL (ADVOCATE)     17 November 2016

Livein relationship is not recognized under Indian Law. It is basically a understanding in between two person. 2nd marriage is an offence during the pendency of the Divorce Petition and in case the husband is in livein relatiopnship with some female, it may be a ground of divorce for wife but it would not lead to any criminal offence on the motion of wife. However, it has been observed in several such type of matters that the lady involved in livein relationship sometimes lodge FIR of forgery and rape. Be careful. 

 

1 Like

Kumar Doab (FIN)     17 November 2016

It is believed that you are Hindu.


Hindu can not remarry during subsistence of valid marriage. 


Your own counsel must have advised you on it and consequences of bigamy/adulterous relations.............forgery and rape



If MCD is not possible after all efforts, contested divorce is option.

Sachin (N.A)     18 November 2016

Agreed with SACHIN AGARWAL

A walk alone (-)     18 November 2016

If she want divorce why don't you go MCD? Why you want to waste time and money in roaming court? go MCD. Then remarry. Because live in can create problem any time. Live in good as long that lady is happy. Once fight That lady(live in) can file false allegations on you. She can lodge FIR of forgery and rape. Better go MCD and get remarry.

A walk alone (-)     18 November 2016

Please convey thanks to Ms Usha kapoor

(Guest)

If there is risk of false cases (forgery/rape) during livein relationship, there is also risk of false cases (498a, DV) in marital relationship. By the way, 498a can also be filed by a girl during livein relationship (there are SC citations).

At any rate, the questioner wants to know if it is illegal to live with another girl during pendency of divorce proceedings. Though several experts have posted their opinions, it is not clear if it is or if it is not. Some are saying it is illegal and others are saying it isn't but there are risks.

As far as my limited knowledge goes, it is not illegal to live with another girl during divorce proceedings if that girl is not married.

 


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