• Living with a non divorcee

I am a divorcee... Have finished more than 60 days post decree. My friend wishes to get divorce.. Mutual consent not likely... However, no petition has been filed till now. Can she move in with kids aged 17 and 10.what are the constraints and legal hurdles.
Asked 4 months ago in Family Law
Religion: Hindu

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20 Answers

Nothing.

Having affair with married men/women is not a crime. 

Yogendra Singh Rajawat
Advocate, Jaipur
20075 Answers
28 Consultations

4.5 on 5.0

Hi

No any major legal hurdle in living together. 

Adultry have been ruled out.

Thanks 

Rahul Jatain
Advocate, Rohtak
4004 Answers
4 Consultations

4.9 on 5.0

your staying with your non-divorcee person will have no legal complications since adultery is no longer a crime in India


ENJOY

Suneel Moudgil
Advocate, Haryana
2161 Answers
3 Consultations

4.7 on 5.0

You can have discreet relationship but avoid live in relationship as she is still married 

 

2) her husband can file for divorce on grounds of mental cruelty and adultery 

 

3) her husband would make you co respondent in divorce case 

Ajay Sethi
Advocate, Mumbai
76900 Answers
4620 Consultations

5.0 on 5.0

Adultery is removed, as such, you can consider the option but make sure that it will not lead to complications.

If her husband creates problems in order to give divorce, it leads to more complications, as such, wait for the process of obtaining the divorce by her is completed, thereafter start your relationship. 

Word of  Caution: Already you have gone through the grind of obtaining the Divorce and hurdles / problems involved, as such, push for divorce by her and try to get it, after which you can proceed.

S Srinivasa Prasad
Advocate, Hyderabad
2462 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

If advised legally, you may not enter in marriage relationship when the case is not finalised. But apart from this, there are various kinds of relationships which may be maintained. You are also required to consider one more thing that this action should not bring any harm to your friend in any manner because her husband may make issue of this fact that she is in illicit relationship with you and may deprive her the rights of alimony etc. 

Ganesh Singh
Advocate, NEW DELHI
5381 Answers
10 Consultations

4.5 on 5.0

See if she moves in with you and you both have any relationship on that ground her partner can file divorce though he cannot file any.criminal complaint against you or her. 

Shubham Jhajharia
Advocate, Ahmedabad
25182 Answers
103 Consultations

5.0 on 5.0

You friends can live with you without getting married to you, in your residence.

She may apply for divorce from your residence also.

However you may note that you cannot adopt her children because she cannot give the children in adoption to you without the permission or consent of her husband.

But there is no illegality in she living with her children in your residence in a relationship with you.

 

T Kalaiselvan
Advocate, Vellore
66905 Answers
884 Consultations

5.0 on 5.0

Living with non-divorcee is not permissible according to Hindu Family Laws. Since you obtained divorce you are at liberty to remarry as per your wish and choice after completion of appeal period of 90 days. But at the same time living with a non divorce is not permissible under law. As per your inputs she not yet filed any petition for divorce whether mutual or contested. As per procedure of family laws it will take some time to get divorce from her spouse. If she move with kids without divorce her husband may file cases adultery, marrying 2nd time during marriage already existing with another person. 

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Unless and until your friend gets divorce, she cannot legally live as a wife with you, as the husband of your friend can file complaint regarding adultery. Therefore, it has advised to wait until she gets divorce decree.

Harcharan Singh
Advocate, Kapurthala
5 Answers

Not rated

1. Well, since having sex with a married woman is n more a crime no criminal case lies if that lady moves on with you with the children,

2. However in such circumstances if she files a suit for contested divorce then on this ground of her adultery with you the court is likely to refuse to grant her divorce. 

Devajyoti Barman
Advocate, Kolkata
20751 Answers
296 Consultations

5.0 on 5.0

She can move in but for her divorce her husband can take ground of adultery with you

Prashant Nayak
Advocate, Mumbai
20526 Answers
38 Consultations

4.4 on 5.0

She can move if she has filed for divorce case currently. Now it's depends who wants children custody. 

Ganesh Kadam
Advocate, Pune
10681 Answers
94 Consultations

4.9 on 5.0

1. Yes she can move in with you but it will be better that your friend should file divorce as soon as possible.

2. Legal hurdle will arise when your friend lives alone with you as it can create problems for her. 

Mohit Kapoor
Advocate, Rohtak
9286 Answers
3 Consultations

5.0 on 5.0

Well, she may move in as adultery is not an offence anymore. But her case would get weakened due to this as the husband would not give maintenance or alimony as he would show that she is not faithful. Otherwise there is no problem.

Rahul Mishra
Advocate, Lucknow
9740 Answers
18 Consultations

5.0 on 5.0

You can ask your friend to file contested divorce and seek for maintenance pendentilite and her husband will come to settle and also file for custody and yes she can move out with her kids and after divorce decree is passed one can remarry after 90days

Aveek Bose
Advocate, Kolkata
1161 Answers
8 Consultations

4.7 on 5.0

This is my response to you:

1. Your friend will have to obtain divorce;

2. Otherwise your friend will face difficulty in maintenance issue;

3. Once your friend obtains the decree she can get married;

4. Though she can live with anybody else, but it is morally frowned upon;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
4 Consultations

5.0 on 5.0

it is not offence but she cannot remarry without divorce decree. 

Mohammed Mujeeb
Advocate, Hyderabad
17290 Answers
11 Consultations

4.5 on 5.0

Dear Madam,                   

It will definitely have a big consequences as It is a crime which is punishable for 7 years of imprisonment under the section 494 of the Indian penal code. the section states-

Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 17 in The Hindu Marriage Act, 1955

Punishment of bigamy—Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

Conclusion

In case of a women in bigamous practice is prohibited in all the personal law. it is a non cognizable offence whereas the law commission of India has suggested to make it a cognizable offence. It is a strictly punishable offence under the Indian penal code.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
26 Consultations

4.8 on 5.0

no legal hurdle you can easily live with her and her kids.

but ask your partner to file the Divorce case because Supreme Court in various cases has observed that once divorce case has been file then marriage can be done.

Atul Shahi
Advocate, Allahabad
159 Answers
1 Consultation

4.0 on 5.0

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