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Dnyaneshwar Vaidya (Officer)     24 May 2025

Personal advice

Me and my childhood friend are in love however we both are married to other person we both have decided to live together without divorce for some reasons.

1) Can our spouses files any criminal case against us.

2) Can A Court seperate us against our wish

 

Thank You in advance.........



 8 Replies

R.K Nanda (Advocate)     24 May 2025

1.yes

2.discretion is with court. 

T. Kalaiselvan, Advocate (Advocate)     24 May 2025

  1. No it is not a crimional offence.
  2. Court will not interfere in the extra marital affairs of individuals except, if proved, then the court can grant divorce to the petitioner on the grounds of adultery

kavksatyanarayana (subregistrar/supdt.(retired))     24 May 2025

Yes. Agreed with the views of the above experts.

Dr. J C Vashista (Advocate )     25 May 2025

Filing a criminal case against you for extra-marital affair with your girl friend cannot be stopped, however, it will not sustain as live-in-relation is not a crime. Whatsoever, your spouse shall have a valid ground for divorce, if she desired so.

Court(s) shall not interfere with your live-in relation with your partner. 

Ramesh Chandran   28 May 2025

Yes, your spouses can’t file a criminal case for adultery as it’s no longer an offence, but they can seek divorce or claim mental cruelty. The court won’t separate consenting adults, but issues may arise in family or custody cases. It’s best to consult a divorce lawyer to understand the legal risks and protect your rights.

Clay Sarah   30 May 2025

Originally posted by : T. Kalaiselvan, Advocate

No it is not a crimional offence.
Court will not interfere in the extra marital affairs of individuals except, if proved, then the court can grant divorce to the petitioner on the grounds of adultery

Thank you for your sharing

T. Kalaiselvan, Advocate (Advocate)     03 June 2025

You are welcome for your appreciations.

 

BVSPRHyderabad   04 June 2025

  1. Wife can file 498A IPC(85 BNS), DVC

    2. A court cannot directly force you to stop living together as two consenting adults


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