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Jaswinder Singh Rathi (Company Secretary)     19 April 2024

Effect of live-in relation on pending divorce case!

A man filed a matrimonial suit under Special Marriage Act 27(1)D. The case is under trial for 2 years now and will take another 5-6 years for adjudication. Now, the man doesn't want to wait for another 5-6 years and want to live-in with another adult lady who is fully aware of his pending divorce suit. And the man will marry this lady as soon as he gets the divorce.

1. Man's lawyer informed him that this will have adverse effects on the divorce case he filed and that he may loose the case too. Is this correct? If so how?  
2. Can any law in India prevent him from such live-in?
3. Can he be protected under any Indian Law if he goes for live-in? If not, can a court of Magistrate/Judge give him a certificate allowing him to live-in?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     19 April 2024

1. The opinion of the lawyer may be due to his past excperience with a similar case earlier, but it is not mandatory to happen in your case too.

2. No.

3.  When there is no law prohibiting him to maintain a live in relationship with another female, it will be considered as an act of adultery but not an offence

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