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Raj kiran Santuka   11 December 2021

Live in realtionship

My Live In Partner Is Divorced and I have applied for divorce since 5 Yrs and awaiting divorce My Wife has Gone since Last 5 yrs and not responding at all niether attending Divorce Dates I want to start living with this lady and continue my life Is it possible



Learning

 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     11 December 2021

Hello,

Now you are having extra maritial affair, your wife may create problems to you. So you have to proceed with the divorce application pending in court and get the orders from the court. 

P. Venu (Advocate)     11 December 2021

Prudency is in expediting the divorce proceedings. If the wife is not responding, the proceedings could be held ex-parte.

Dr J C Vashista (Lawyer)     12 December 2021

There is no legal problem for live-in.

Archana Pandey   19 January 2022

  1. Since your divorce has not finalized yet, and you are in live in relationship. Due to this, your wife may put you in bars in cases like Sec 498 A in Domestic Violence or Sec 497 IPC of Adultery as well. 
  2. Although for finalizing a divorce, you may go for exparte decree order in divorce petition, i.e. for non appearance of your wife during judicial proceedings. 

 

Megha   20 January 2022

Hi Archana,

Could you elaborate on the remedies available to the querist? And judicial precedent that could help him?

Best regards,
Megha

Archana Pandey   20 January 2022

  1. However, adultery under 497 is no longer an offence, merely a ground for divorce. Also 498A is a provision under IPC and not under DV Act. 
  2.  In addition to this, she can file a case under DV Act as well as the definition of aggrieved person under that Act includes a woman who has, at any point of time, lived with the respondent.

 


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