• Divorce petition

I am an Indian Citizen ,staying abroad. I have filed a divorce petition in India. I have a girl friend who is Indian and British passport holder and who has also filed for a divorce and wish to stay with her during this period.
Is it advisable and legal.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Basically, doing this is not illegal per se.

But, this gives ground to your wife to contest the divorce filed by you more strongly. Thus, this will have the effect of weakening your divorce case which is pending in India.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0


I would not advise you to do the same.

Your wife can file cases against you in India, if she gets to know that you are living and sharing relationship with some other girl and also the same might weaken your case in India.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Don’t stay with your girl friend pending her divorce

2) her husband would file case of adultery against you under section 497 of IPC

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

I won't advise it as this can be a very strong ground that can be used by ur wife against you as still you don't have a divorce decree you are married.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Legally speaking, until the Court grand an order of dissolution of the first marriage you cannot get into the another relationship. If your second marriage is proved by your wife then you will be punished for the offense of bigamy under section 494 of IPC. If you lead that life in a living in relationship, it would be a difficult to the other party to prove case.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

Dear Client,

There`s no objection. But until court grant her divorce, she is married women and her husband can file case of adultery on you, besides if her her live in proved in court than she will not be eligible for any maintenance, alimony.

To prove adultery, strict proof requires.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

- You can not remarry without obtaining the decree of divorce from your wife.

- Live in relationship also will be treated as an act of adultery and is punishable

- Even divorce petition is going on , your wife can lodge complaint against you in this regard.

- Without divorce second marriage is an offence under section 494 of Indian Penal Code.

Hence, it is suggested not to stay with her freely , you may face further trouble for the act .

Mohammed Shahzad
Advocate, Delhi
9920 Answers
121 Consultations

5.0 on 5.0

It is not advisable to stay as in her divorce case it can create hurdles. If she is taking a mutual Divorce then no issues. If not then there is a issue if you stay with her.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

1) No unless and until you get divorce from first wife you are not entitled to get marry with second wife and nor your she is entitled to marry with you. Your girl friend also needs to get divorce first.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Well, living on relationship with a married lady will amount to adultery within the meaning of section 497 ipc.

So without getting the divorce first by your girlfriend avoid staying with her under the same roof.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Not at all. Kindly do not disclose this that you have a girlfriend as your current wife shall be entitled to a huge alimony if it is established that you are committing adultery and further your girlfriend's husband can also file an Adultery case against you which can land you up in jail as the Indian Penal Code has penalized and termed it as an offense if a person has sexual relation with the wife of another person, being aware that she is married.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

During the separation period you may live together only marriage is restricted without the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1.) Technically it is not legal as per Indian laws because if your wife get the evidences for that then you will be in big problem.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0


as per the laws in vogue, you are suggested to avoid staying together during pendency of court case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0


It is always better and advisable to have your issues settled and start afresh.

Do wait for some time and start a new life.

Not advisable for both of you till you get your issues cleared by appropriate authorities.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Staying with the girl friend in a foreign country will not be a crime, but she is a married woman seeking divorce hence she is not divorced legally yet, therefore if her estranged spouse initiates action against you for the offences of adultery, you may be liable to be punished if the offences is proved before court of law.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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