You should disclose to girl that you are married abd divorce case is pending
2) do not make any promise of marriage
3) consensual sex is not an offence
4) have discreet relationship
Live-in relationship
Sir, I got married in 2014 and got separated in 2016 and we have a baby boy. She filled 498a & DVC on 10No's of my family and MC cases in 2017 on me through misusing the police power of her DSP uncle. Later, I have filed for Divorce in 2018. In MC she applied for interim maintenance and got Rs 10K per month. Presently, in the divorce case, me and father have attended court for cross-examination after filling the chief affidavit. Now, I came to know that my wife does want to give divorce to me and only decided to harass me by extending cases on me and my family members using her police power and so am vexed with her behavior. Since my relatives know my character they are interested in offering an alliance without getting a divorce. Am also of the opinion that, unless am married/live-in relationship she will not give me a divorce and continue to enjoy my suffering. So, my questions are 1.Can I enter live-in relationship with an unmarried girl without getting a divorce. 2.What precautions should I take for entering into such live-in relationship.
Asked 5 years ago in Family Law
Religion: Hindu
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11 Answers
The girl with whom am about entering live-in relationship will tell the court we are not married if called before the court. What happens if my present wife knows about our relationship. 1.Can she file any new cases? 2. How can I escape from them? ?
Asked 5 years ago
Wife can file DV case against you
2) adultery is no longer an offence
She has already filed a Domestic Violence case against me in which she submitted a chief affidavit and yet to be cross-examined. Can she file any bigamy case without proof?
Asked 5 years ago
1. You can be in live in relationship but it may affect your divorce proceedings if it's revealed.
2. She can claim maintenance from you on ground of live in relationship if she desires.
No case of bigamy is made out as you are not marrying the girl but only having discreet relationship with her
1. There is no illegality in entering into a live-in relationship with another female during the pendency of divorce case or even during the subsistence of your marriage.
2. Do not get married to her before your marriage with your wife is dissolved by a court decree of divorce.
1. Your wife cannot file any case with regard to adultery because adultery is not an illegal act or an offence as per criminal law in India.
2. You do not have to escape from her.
She cannot do any harm to you in this regard.
Whether she can file any bigamy case against you means, no she cannot until there is a substantial proof to prove that you married your girl friend during the subsistence of your marriage with your wife.
1. You are free to be in a live in relationship but cannot remarry unless you obtain a decree of divorce from the competent court.
2. No criminal case is made out for being in a live in during subsistence of marriage.
Bigamy is if you remarry during subsistence of your first marriage. Live in is not tantamount to bigamy unless the live in couple hold themselves out to the society as a married couple.
Dear Querist
My opinion on your queries are as under: -
1. you may start a live-in relationship.
2. before starting live-in, you should execute an agreement with the girl and mentioned all the details of your cases in that agreement and if after the execution of this agreement she is ready to live with you as a live-in partner then it is okay.
3. NO, she cannot file any case on this ground that you are in a relationship with some other girl except filing the divorce case based on adultery, if she filed the divorce case then no need to appear before the court then the court grants ex-parte divorce to her. finish.
4. as above.
5. Bigamy is not made out unless the marriage solemnized
Feel Free to Call
1.Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- Hence you can live in relationship with an unmarried girl , but cannot marry with her until got divorce legally from your first wife.
2. No marry
- She cannot file a case against the relationship , except this is a ground of getting divorce .
