• Does a woman in live-in-relation require legal divorce

Is a woman who was in Live-in relation previously but separated from him in 2009, required to obtain legal divorce before remarrying now? Her prev. relation was not a legal or a social marriage. At best, it could be termed as Live-in-relation. Do the courts provide legal divorce in such cases? What happens if the woman does not take legal divorce and legally marries a person. My sister's daughter married in 2014 without obtaining legal divorce from her live-in-relation. This new marriage too seems is not working in right direction. Her in laws are very rude and most importantly his new husband is not allowing him to do job, wants her to sit in house. He comes home drunk and misbehaves her. She is planning to take divorce but but he says you don't have divorce rights because you have not taken divorce from your first husband. Please suggest the steps.
Asked 1 year ago in Family Law from Patna, Bihar
Religion: Hindu
1) you were not legally married to your partner 

2) you dont need a divorce decree to marry 

3) live in relationship is not marriage . 

4) your niece can file for divorce from her husband on grounds of mental cruelty 

5) constantly abusing wife amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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A live-in of a long duration is considered as a marriage but you do not require divorce. She has not committed any illegality by marrying without seeking divorce from her live-in partner. As a corollary thereto, she is at liberty to file for divorce. What her husband has told her is false.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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Hello,
1) A live in relationship is not a marriage and has no legal validity that provides the rights and liabilities of a husband and wife in the relationship. Therefore no divorce is required for the woman to marry some one as she would be considered unmarried.

2) She can certainly file for divorce without any concern about her previous relationship as the current one is a valid marriage giving her the legal right to file for divorce.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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No, you don't have to take divorce in live-in relationships. Since marriage has not taken place question of divorce doesn't arises. So, even she wants to take divorce from her current husband she can very well approach court for the same. 

If the husband is ready for divorce she can file for Mutual Consent Divorce (MCD) u/s. 13 (B) of Hindu Marriage Act 1955. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
Live in relation is not a valid and legal marriage therefore no question arises for obtaining divorce.divorce can be granted and marrisge be dissolved where there is a marriage.
She can get divorce from her husband and he is incorrect. 
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
A live in relationship between a man and woman is a mutual understanding between them and cannot be termed as  marriage or marital life. 
The woman can very well marry any person of her choice by breaking her relationship with her partner. There is no legal infirmity in it. 
The  marriage solemnised later her break from her live-in partner is the only legally valid marriage.  Her husband is an educated illiterate talking law without knowing it. If your sister wants to get divorce from her husband she can very well file a case on the grounds of cruelty after one year from the date of her marriage. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1) file domestic violence case now and seek protection order against husband . compensation for mental torture undergone 

2) later file for divorce on grounds of mental cruelty after expiry of 1 year from date of marriage 

3) working wife is not entitled to maintenance . she cannot seek marriage expenses . she can seek return of her streedhan if it is groom possession 

4) she can file for divorce from her parents city if she is residing there with her parents 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. She can file both the cases simultaneously which will be decided on merits by the court.

2. A working wife cannot seek maintenance except if there is a huge disparity between her and her husband's salary. However, she can claim compensation for the cruelty suffered by her.

3. She can file for divorce either in her husband's city (i.e where she lived post marriage) or in her own city.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
n the light of replies received, I would like to know what course of action should be taken.
1. Should she file two cases, one criminal for domestic violation, and other civil ie. for divorce on the ground of mental cruelty or only one case?Stipulated period of 1 year is not yet complete.
If she desires to divorce her husband for the intolerable cruelty meted out to  her,she may wait for the one year waiting period to become eligible for filing a divorce case dissolving her marriage on the grounds of cruelty.   As far as domestic violence case is concerned she may do it right away. 


2. She is a working woman. Can she demand maintenance, alimony, marriage cost and valuables given to the groom at the time of marriage in her divorce petition on the ground of mental cruelty ?
Unfortunately NO is the  answer for  the above question.  If she is employed, she may not become eligible for maintenance.  She may claim compensation towards the things given to him during marriage and also can claim her own property lying in his house.


3. Can she file divorce cases from her parents city where she used to live, although marriage was solemnized in grooms city where he lives ?
She can file divorce from the place where she is residing now.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Dear Querist
there is no procedure to get divorce in Live-in-relationship, her marriage is legal with her husband without taking divorce from her live-in-partner,

My opinion on your queries are as under:

1. Should she file two cases, one criminal for domestic violation, and other civil ie. for divorce on the ground of mental cruelty or only one case?Stipulated period of 1 year is not yet complete.
Opinion: yes, she may file a domestic violence case against them/him, and she may also file a divorce case based on cruelty before 1 year of marriage but she has to be filed an application u/s 14 of Hindu Marriage Act-1955 and try to satisfy the court that this is a matter of exceptional hardship.

2. She is a working woman. Can she demand maintenance, alimony, marriage cost and valuables given to the groom at the time of marriage in her divorce petition on the ground of mental cruelty ?
Opinion: As she is able to maintain herself she is not entitle to get any maintenance and alimony but she may claim her Stridhan from them/him.

3. Can she file divorce cases from her parents city where she used to live, although marriage was solemnized in grooms city where he lives ?
Opinion: Yes she can, as per section 19 of Hindu Marriage Act-1955, she has right to file a divorce petition before the court in which area she is residing.
 [ 19 Court to which petition shall be presented. ?Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction?
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1. Divorce is sought to terminate matrimonial relationship,

2. Live in relationship is not marriage for which no divorce is required to terminate the live in relationship,

3. Your sister's daughter can verify well file a divorce suit on the ground of cruelty against her husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. She can lodge a complaint u/s498A and 406 of IPC at the police station having jurisdiction of her husband's residence, claiming dowry harassment and not returning the Streedhan,

2. After that she can file a DV case at the place where she is now staying,

3. Finally she can file a divorce suit on the ground of cruelty claiming compensation,

4. Since she is employed, she will not be entitled to maintenance. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
She will have to wait for one year if she is going for MCD. If she feels the necessity of filing case under Domestic Violence then she may go ahead or else she can directly file for divorce. Chances are great that if she files for Domestic Violence it would irritate her husband and he might create a problem in divorce. Still choice is hers. 

Since she is a working woman chances of she getting maintenance order is difficult. But she can claim for alimony at the time of divorce and her streedhan (i.e. gift items she received at the time of marriage from her in-laws and parents side) There is no provision in law where she can demand the marriage expenses. Unfortunately the law doesn't recognizes such expenses. 

For filing divorce petition she has three options of filing the case i.e. Jurisdiction of filing the case:
1) Place where marriage took place (OR)
2) Where the couple last resided (OR)
3) Where the wife is currently residing.   


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0

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