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Prashant Kumar Jha (Practicing Lawyer)     08 March 2018


Dear Sirs This is question from my friend this is between A- husband B-Wife C-husband D- wife. Now the brief; A&B are facing divorce case in court.filed by wife who is residing somewhere else since back 4yrs saperate same C&D are also under divorce case, C is also facing Case of adultery filed by his wife D.both living separately. The situation is, the husband A is in affair with wife D and want to marry or want to be in Live in relation. this matter exposed and wife B came to know about the love affair of A&D & started demanding high price can say extorting for settlement in divorce case which A is unable to pay as alimony. My query: Can A&D marry or stay in live in relation because Div case will run endless time. May pls resolve as A&D wants to marry or want to start live in relationship. pls advice the legal consequences which will arise either in case they marry or they start living in relationship.


 3 Replies

Vijay Raj Mahajan (Advocate)     08 March 2018

Marriage between A&D not possible nor advisable till both get divorced from their respective spouse. Live in relation will create problem for A as the husband of D namely C will file criminal complaint under section 497 IPC against him for indulging in s*xual relationship with his wife. This will be second trouble for him apart from what he's facing from his own wife. Best course for these couples to go for divorce by mutual consent and restart their lives again with new life partner.
1 Like

Ambanshu Sahni   08 March 2018

I second what Mr. Mahajan is saying. Its better to seek divorce rather than risking another criminal complaint.


Ambanshu Sahni

venkatarama krishna   08 March 2018

I agreed with the suggestion of Mr.Mahajan.

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