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Neelu Agrawal (household)     01 June 2012

Live in relationship

respected sir/madam,

i am a divorcee and i am seeing a man who is seperated from his wife for last four years,and has filed for divorce 2 years back.the divorce is yet to be decreed and it is contested by his former wife and her parents.i would like to know about how to proceed things further in this situation that we want to be togther for life.as per our indian laws it is not clear how long it will take to get the divorce finally..so wat can we do in this situation.can we opt for a live in relationship?is it legal ?and wat actions can his seperated wife take against us and what can we do to safeguard our interests??pls give earnest suggestions..



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 June 2012

Dear Querist,


Don't worry you won't liable for any prosecution for being a live-in with a married man. However the divorce case pending can run into trouble and may get delayed even more, it's not unlikely that woman takes it as a matrimonial bar on your husband(trying to take advantage of own wrong) in which case he may not even get a divorce at all. But since divorce proceedings take a lot of time, you can have your relationship but make sure it is clandestine and not an open one !

Feel free to talk !

1 Like

Deep Narayan (learning)     01 June 2012

there is no clear indication about live in relations in court however supreme court had said that children of the persons(male and female) sharing common roof are legal owner of the property left by them.

this context may somehow mean that supreme court had accepted this as a type of marriage.howver there may some agreement and disagreement on this fact.

In my view let the divorce procedure completes,otherwise the wife of person with whom ur living can create problem for him.

so for now better wait.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 June 2012

Dear Querist,


Don't worry you won't liable for any prosecution for being a live-in with a married man. However the divorce case pending can run into trouble and may get delayed even more, it's not unlikely that woman takes it as a matrimonial bar on your husband(trying to take advantage of own wrong) in which case he may not even get a divorce at all. But since divorce proceedings take a lot of time, you can have your relationship but make sure it is clandestine and not an open one !

Feel free to talk !

rahul (director)     01 June 2012

hello neelu

if u r comfortable, u can go ahead, normally girls are not go into this live in, when is pending and contested, because , dream a situation, if he wont get divorce?what will your fate after live with him for years? and remember one things,,, don't make baby in live in? and i think in contested div, 2 years is vert small time period.im separed with my wife for 6 years and div is pending since 6 years,,

but in my case.. now she agree for mutual and we filed joint petition 2 month back, first motion,, now we will get divoece in oct 2012.

you can always contact me for any clarification 

regards

Amit

 

Kiran Teggi (Senior Executive - HR)     01 June 2012

Point to be noted Mr. Narayan, which looks professional advise.


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