• Can I stay with women who is fighting divorce case from 5 years

Dear Sir,
I am single man.My love fighting case under sec.498 & Single side divorce case from last 5 year.
IN single side divorce case lady side all testimony has been done.Now their husband husband side testimony is pending.
Can I stay in living relationship with the lady who is fighting divorce case with their husband.Now she is not staying with him from last 5 years. 
Is there any typical issue while we will staying together.
Also suggest me can we do temple marriage with getting her earlier divorce clearance?
Asked 5 years ago in Family Law
Religion: Hindu

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17 Answers

This is my response to you:

1. No this will not be permitted;

2. The court will look at your lover in a negative spotlight;

3. Even if you do temple marriage, and if anybody does find out then you could face problems;

4. Though adultery is not punishable in India anymore, but there could be consequences;

5. So wait for the finalization of divorce and then only marry your lover.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0


After the recent judgment of the SC there will be no issue if you start living with the lady but any marriage with her before the divorce will be a nullity.

If the husband is not appearing she may ask the court to proceed ex parte and decide the case in absence of the husband.


Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can stay there will be no problem since the adultery law has beem struck down in India

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0


During the subsistence of previous marriage it's illegal to marry again.


Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Firslty, in the present situation, even if the wife is contesting for so long, staying separately from her husband then also her husband take the plea of adultery by her, and may get you arrested for 497 of IPC.

Secondly, but, now after the recent Supreme Court judgments where they have struck down the same section 497, you are safe now.

Thirdly, you can be with her now under the live in relation, but do not go for marriage as second marriage without first been dissolved by the court, holds no value in the eyes of law.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1) You cannot marry her during subsistence of earlier marriage

2) You can have live in relationship with her

3) no case of adultery can be filed by her husband as SC has held section 497 of IPC to be unconstitutional

Ajay Sethi
Advocate, Mumbai
94651 Answers
7522 Consultations

5.0 on 5.0

There is no problem in living together as live in partner doing the course of divorce proceeding you can definitely leave it and wait for the divorce to complete before you go for marriage

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1)Section 497 of the India Penal Code states the adultery law which was scrapped, So You can Stay with Her,

But Adultery is a ground for divorce her husband can file divorce under this ground.

2) the second marriage during the existing first marriage can lead to the offence of bigamy, that make such married woman liable for punishment under section 494, 495 IPC.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Sir.. Ur Love is fighting 498a case against her husband.since5 years... and staying separat since 5 years..and u also single...yes u can stay together.. because since 5 years her 498a ..and Divorce is pending. If u both start staying together.. then her husband may prove that she is in adultery.. then court may pass Divorce decree on the ground of adultery... But u both will be in beneficial..

1) she will get Divorce..

2) u both can marry..

3) u both will not entitle with any kind punishment ..SC order Adultery is not crime any more..

But .. she won't get any.. maintenance/ alimony..or may be she won't get child custody.. if she have kids..

Other than. Everything will be ok ...

If u do temple marriage now it self, with out taking divorce from her husband.. then Ur marriage is void..

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

Not rated

If you start staying with her in a live-in relationship and her husband gets to know of this, her prospect of winning the divorce case may dampen.

You can marry her legally only once she is granted divorce by the Court.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0


As per the provisions of Hindu marriage act, the marriage in present conditions will not be valid.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You cannot get married to her until and unless she gets a decree of divorce from competent court of law as it would be an offence of Bigamy under section 494 of the Indian Penal Code.

Staying in a live in relationship would not be a problem as Supreme Court has recently decriminalized section 497 of the Indian Penal Code.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can live with her but do not get married till her divorce is finalised. Because if dhe gets divorced then your marriage will be valid but if divorce is rejected then she will need to face bigamy charges.

You can temporarily be in a live in relation as adultery is now decriminalised by the SC.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

without divorce marriage not valid, Live in has no complications.

Yogendra Singh Rajawat
Advocate, Jaipur
22621 Answers
31 Consultations

4.4 on 5.0

1) No you can't marry until she get clearly divorce from her husband, otherwise she will not get any financial benefits from him through court it she will be caught in adultery case with you and you will be also booked under 497 section.

Ganesh Kadam
Advocate, Pune
12915 Answers
253 Consultations

4.9 on 5.0

You cannot marry her during the subsistence of hr marriage, you can marry her once she gets a decree of divorce dissolving her marriage through a court of law.

However there is n harm in you having a live-in relationship with her.

The latest supreme court judgment says that adulterous life with wife of a another man is not an offence.

T Kalaiselvan
Advocate, Vellore
84850 Answers
2185 Consultations

5.0 on 5.0

No it is not advisable to stay together or marry while the matter is pending. Kindly avoid taking any such risk as it may horribly backfire on the lady if the same comes to the knowledge of her husband. Carry on your affair discreetly.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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