Dear Client,
Live in is no crime. It is adultery but no adverse effect on you except wife defense will get stronger.
Wife can`t do anything but her allegations will become strong and she will get the reason for denial of cohabitation and desertion.
Divorce Appeal dismissed at High Court
Am the man filed Divorce petition (against wife who is elder to me) in District court and it is dismissed on 10.06.2017. Judge of the district court where I filed the case were got transferred after evidence of both parties. When the case reached argument stage new judge came and my case is dismissed. Later she filed for maintenance and case is running at talluq court. Following are the brief of my issue. Date of marriage 12.05.2013 Date of separation 18.08.2013 (admitted by her) Petition filed on June 2015 Divorce petition Dismissed on 10.06.2017 Grounds I filed No cohabitation since 18.08.2013 Elder to me by 2 &3/4 years which was hided at the time of marriage etc. Appeal also dismissed at High Court. 1. Appeal was made on continued desertion and mental cruelty but case is dismissed on the grounds of failure to prove cruelty and no comments about desertion is made in the judgement of High court. (Petition was dismissed by district court for non-completion of 2 years and cruelty not justified. 1 year 9 months was completed as on date of first petition) 2. Now separated for 5year 6 months. Case under protection of women in DV act 2005 is underway interim maintenance of 3000 ordered 3. Date of last cohabited is 18.08.2013, In October 2013 I transferred to Bangalore 300kms away from her parental city and marriage took place. She did not come to my house by contested in court as she want me. 4. She has not filed RCR, 498, and 125 till now, 5. She denied desertion and contested as she needs husband. 6. I don’t want to live with her. My questions are 1. May I stay in a live in relationship without marrying? My girlfriend is ready to live with me who do not have any body and is living alone can I bring her to my house. Is that amount to adultery? Is adultery leads to criminal offense or only civil case. (because I learnt that adultery is not criminal offense, a verdict by Supreme court in 2018) 2. What cases can my separated wife file against me, if she came to know about my relationship? Can she send police to my residence at 300kms away to arrest me on this reason?
Asked 7 years ago in Family Law
Religion: Hindu
12 Answers
Adultery only amounts to civil offense now. She can only file divorce case no other case can be filed for live in relationship
you can have live in relationship
2) adultery is no longer criminal offence
3) at most wife can file for divorce on grounds of adultery
4) you cannot be arrested for having live in relationship
1. You can stay with your girlfriend during the subsistence of the first marriage as Supreme Court has recently decriminalised the offence of adultery.
It is only a ground for divorce as per law.
2. Wife cannot do anything about it, other then seek to divorce from court on such grounds. Police would not interfere in this matter.
1. Yes you can stay in a live in relationship. It is adultery but your wife cannot take any step.on this she can only seek divorce on this ground.
2. See has already filed the cases she cannot file any other case.if you don't marry your girl friend. The police cannot arrest you.
Dear Sir,
Your decision seems to be proper. Indian Courts takes so many years to dispose the cases for so many issues. You decision seems to be property. Such questions needs to discussed in person. The law cannot stretch its hands into your bed room,
1. With regard to the ground of desertion the District Court ruled that it has not been proved as 2 year period of separation was not proved.
2. The offence of adultery does not exist on the statute book any longer, so you cannot be prosecuted for it. However, if your wife is able to collect evidence of a live in relationship between you and your gf then you may file a criminal complaint case for the offence of bigamy which is still an offence. Although she may not eventually be able to prove your marriage, but the facts remain that courts do summon the accused after taking cognizance. So the call is yours.
3. Since she has filed everything except 498A and 125 Cr.P.C she can file these.
4. Once FIR under 498A is filed and you receive the notice then apply for anticipatory bail.
Thanks sir for valuable advice, kindly help me more on below points. Date of marriage 12.05.2013 Date of separation 18.08.2013 (admitted by her) Petition filed on June 2015 Divorce petition Dismissed on 10.06.2017 (period of desertion less than 2 years, and cruelty not proved) Grounds I filed No cohabitation since 18.08.2013 Elder to me by 2 &3/4 years which was hided at the time of marriage etc., Appeal also dismissed at High Court. I cannot do sexual intercourse with her as she is elder to me but she wants me. She never tried to approach me personally during the pendency of petition but during meditations she claimed husband. She has not filed RCR, 498A, 125Crpc. Am a Central Government Servant. I do not need her and I want to get rid of her. 1. Should I wait for 2 more years from the date of dismissal at High court (19.02.2019) to file petition afresh to claim desertion ground or the separation during the pendency of petition adds to the period of continued desertion, please clarify. 2. What steps should I take now to make my divorce claim stronger? 3. Should I send legal notice to her before filing fresh petition, if yes, on what points? How it helps me to get divorce.
Asked 6 years ago
advisable to wait for period of 2 years from dismissal of petition by HC then file for divorce on grounds of desertion
2) call upon wife to return to her matrimonial home . send her whats app messages , emails
3) if she refuses inspite of repeated requests it would make your divorce case stronger
That desertion period is not proved in court on therefore you can't take that ground in your fresh petition. You need to file it in the fresh incidents of cruelty or continue with your live- relationship. You have a remedy to approach Supreme Court. Try to further settle it in mutual consent divorce
Yes fresh petition will attract fresh legal notice
1. The continuous desertion period shall be counted from 2013 you can file afresh now.
2.you can file a fresh divorce petition against her.
3. Notice is not required and won't help
1. You can very well maintain live-in relationship with another woman during the subsistence of your marriage and you can even live with her in your home, it may be considered as an extra marital affair or adultery, but now it is not a criminal offence.
2. Since this is no more a criminal offence especially you being her husband the law do not authorized the wife to lodge a criminal complaint for adultery against her husband for the adultery offence, she may not be able to file any criminal complaint against you in this regard.
1. You can file a fresh petition for divorce on the grounds of adultery on the basis of living separately continuously for more than two years as on the date of the petition, you do not have to wait for the period of two years from the date of dismissal by high court.
2. Desertion will be more strong reason now
3. Not necessary, you can go ahead with the divorce case directly without giving her a legal notice