• Divorce, remarriage, live-in relation

Sir, we both are living separate since january 1991. one daughter living with me (now she married) and two sons are living with my wife since january 1991. i filled divorce case in family court but decision was in favour of my wife, then i appealed in high court, but the hc has denied for divorce and imposed a interim relief for rs. 5000 per month..
my questions are:
1. for how may period, i will pay interim relief
2. can i appeal again for decree of divorce, if yes in which court
3. we are living seperate for last 24 years, can i remarried from other women without getting divorce. 
4. if not remarry, can i live with someone as "live-in-relation" or as "naata" to some one.

i am retired person and my age is 60 years.

please guide me suitably with reference decisions.

my email id is jagdish7514@gmail.com
mobile no. 9414162922
Asked 2 years ago in Family Law from Jodhpur, Rajasthan
Religion: Hindu
1) you will have to pay continue paying interim maintenance of Rs 5000  per month  till further orders . since she is your legally wedded wife you may have to continue to pay for the rest of your married life 

2) if HC has dismissed your appeal  you can file appeal before SC . 

3) you cant remarry during subsistence of your marriage . such marriage would be null and void 

4) you cannot  have live in relationship . your wife can file case of adultery against you if she becomes aware of your extra marital affair . 

5) best option for you is to convince your wife for divorce by mutual consent since you have stayed separately for 24 years
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
1. Interim relief quantified at 5,000 per month will have to be paid by you throughout the life time of your wife or till she remarries. 

2. The High Court has dismissed your appeal. Now the only legal recourse available to you is to appeal in the Supreme Court.

3. Regardless of the duration of separation, you cannot remarry unless and until you obtain divorce.

4. If you have a live in with some one you can be prosecuted by your wife for adultery which may result in you being jailed for 7 years.
Ashish Davessar
Advocate, Jaipur
18207 Answers
449 Consultations
5.0 on 5.0
Hi, you have to pay the interim maintenance to your wife till further orders.

2. You can challenge the order of the High Court in  the Supreme Court.

3. You can't marry a second wife till you get the divorce from the first wife.

4. if you live with some women in live in relationship then your wife may file a complaint  before the police station for bigamy.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The interim maintenance is to be paid until and unless any order is passed by the Court against the payment. Or the wife remarries. Further, The order of the High Court can be appealed against in the Supreme Court.  

Until and unless a proper divorce is obtained from the wife, second marriage cannot be performed. It would amount to bigamy which is not permissible under the indian law.  same is the situation if you get into a live in relationship with another women, you are then liable to be prosecuted for adultery and bigamy.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. for how may period, i will pay interim relief
Opinion: Till her life time, or if she is working and able to maintain herself, or till her remarriage after getting divorce from you, or till the appellate court set-aside the order.

2. can i appeal again for decree of divorce, if yes in which court
Opinion: yes, you may file an appeal before SC against the High Court Order.

3. we are living seperate for last 24 years, can i remarried from other women without getting divorce. 
Opinion: Legally Not, it is an offence as per section 494 of IPC as Bigamy.

4. if not remarry, can i live with someone as "live-in-relation" or as "naata" to some one.
Opinion: legally Not, it is also an offence u/s 497 of IPC as Adultery.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Till the time the person/s for whom the said maintenance has been granted by the Court, start earns money to maintain herself/themselves,

2. Your wife will not get any maintenance if she get married again after taking divorce from you,

3. It will be legally dangerous for you if you start having relationship with another woman before taking divorce as you may be charged for adultery punishable with jail term.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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