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enthu (HR Ex)     13 March 2015

Live in relationship without divorce

Dear Experts,

I got married under hindu marriage act in 2011, the marriage did not work, me and my wife lived separately for a year and applied for a mutual divorce with MOU attached. After a week of filing MCD my father in law went to the family court and withdrew the MCD by taking all the papers back. My MCD did not get the petition number and it was in Sr number stage. We both signed in the register of the family court when we submitted the MCD. Hence the MCD was not taken further and left on sr no stage with no further proceedings by the family court.

After a month of this, my wife filed a false 498a,405 + 3&4 under DP act on me and my whole family in 2013. I was arrested and spent 6 days in jail and came out on AB, further AB for family was granted.

Further I filed a contested divorce at the same family court under mental cruelty. Also attached the MOU that was filed with MCD and mentioned all the fact about my MCD and false 498a, 405 & 3&4.

Further she files a case of maintenance crpc 125.

I am attending contested divorce, maintenance case hearings at the family court and 498 hearings in the criminal court.

Its been 3 years my wife is ready to come back to me and there is no way me or my family will take her back as she is not a wise lady and a very criminal minded.

Recently I have met a girl, we love each other. We started living together in my house with my family. My wife is not at all ready to leave me and at the same time my girlfriend is courageous enough to face any circumstances of any further cases filed on me. We have developed a great understanding between each other.

My questions:

What cases can my wife file on me?

Will there be arrest for any of these cases?

Can I convert into islam and marry my girlfriend?

How can I be safe and keep my girlfriend safeguarded from further cases??

Please advise, thanking you in anticipation.
















 12 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     13 March 2015

Sir, If you get married then it will become a case of bigamy otherwise she cannot file any case against you ..... No you cannot convert and get married unless you dissolve your first marriage as per Hindu Law.... If you really wanted to get rid of her, then let her take the divorce decree and get yourself free .... Play clever game and live your new life .... Regards Kapil Chandna Adv 9899011450
1 Like

Saurav (Engineer)     13 March 2015


1. Your wife has been behind you. Try to see if it is possible to reconcile with her.

2. It is not wise to start a new relationship when the earlier one is already on limbo.

Having said that I think there is NO LAW in India which prevents a Live - In relationship while your spouse is separated and divorce is filed. Learned advocates can confirm.

I think you can convert to Islam and marry since polygamy is allowed in Islam. If your new lover is already a Muslim then it is very easy or else she also will have to convert. Learned advocates can confirm about it.

saravanan s (legal advisor)     13 March 2015

no even if you convert to islam and marry another girl while your first marriage is yet to be dissolved you are still commiting the offence of bigamy and can be imprisoned for seven years u/s thats not a good idea

laxmi kant joshi (instructor)     13 March 2015

don't get marry with your girlfriend until your divorce didn't happened with your wife, otherwise you will be booked for bigamy a criminal offence u/s 494 ipc, don't get her pregnant o.k rest enjoy with her your wife can not file any case against you, it is not adviseable to convert into islam because without taking proper divorce from your wife islam also not permit such conversion only to marry with second woman .

cyberlawyer (barrister)     13 March 2015

Additionally see if your wife is kept in the dark regarding your live in relationship else , even if she has a motive to withdraw the cases and come for settlement as before, she will step back and start ruining your life which is even worse. So as of now just concentrate sincerely on the ways by which you can sever the matrimonial knot with your wife and then you can live your life as you wish.. hence be patient . Good Luck. 

enthu (HR Ex)     14 March 2015

Thanks everyone for your valuable advise. I have been taking my girlfriend along with me to the court without giving a dam about the cases. my ex wife has any which ways filed so many cases on me and i am not afraid of getting another one, getting remanded again and coming out on bail and another visit to the court added... I have taken this bold step of live in so these people get a lesson of life of not filing false cases on their innocent husbands...Husbands are not scared of this crappy cases and can fight back without giving a damn...

Born Fighter (xxx)     14 March 2015

I admire your guts.... However play safe and SMART, you deserve a better life and you have an important responsibility to keep your GF happy as she seems to be your pillar of strength now.

Never ever take your ex back, she doesn't deserve you anymore !! 

Just ensure these court proceedings do not hamper the equation you have with your GF, as the situations that you are in are very stressful.  Dont get married until your ex is out of your system . All the Best !!

enthu (HR Ex)     14 March 2015

Thanks all for your support and valuable advises... It really helps...

rash (NA)     15 March 2015

What if the girl friend in live-in-relationship had a child. what rights she will have in this case? what rights the child have?

roshuv (Manager)     16 March 2015

Very Brave u are Dear.

In Any Case do not spare that Fraudulent woman Easily.

Wish u all the best and I hope u'll b a winner.


K.P.Satish Kumar (Advocate)     16 March 2015

no one can question your living together other than your wife and you are liable for adultery when your previous marriage is not legally discontinued. 

LegalFighter (test)     16 March 2015

Married man live in with an unmarried woman is not an adultary:


According to Section-497 of Indian penal code- “Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descriptttion for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.”


But If you get a child out of this relationship,it would be a problem.

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