• Live in relationship while mutual divorce is pending

Myself 38 yrs old man (Hindu) originally from Kolkata, currently settled in Delhi.

I was married in 1998 in Kolkata. My wife left her matrimonial home in September 2010 on her own will.
We have a son who is 10yrs old and stays with my wife.

After inconclusive contesting over matrimonial suite & 2 other associated cases for 2 years, we ultimately filed mutual divorce in January'2014 final hearing for which was due on 15th July'14. But my wife did not turn up on the same date and also skipped the consecutive date on which it was rescheduled, without assigning any reason. We have no idea till when she would keep us harassing this way. I am suffering from severe depression & immense mental agony resulting out of this.

Under this circumstance, I have been approached by one of my dear friends who is a single lady (legally divorced) and wants to get into a live in relation with me. My parents and all other elders in my family like her a lot and have been insisting me to settle down with her in a live-in relationship ASAP, which may be consummated to a marriage in due course whenever I am legally free after divorce.

My queries are as follows -
1. Whether a live-in relationship is legally permissible for my case when my mutual divorce petition is still pending ?
2. Can my wife take any legal actions against me if she comes to know about my live-in relationship ?
3. What legal precautions I should take to save myself from any likely legal harassments from my wife ?
4. Can I marry my friend in temple (without registering) before my mutual divorce petition gets over ?
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. Since you are not divorce as yet, you can not enter into any live in relationship with anyone.
2.Yes, she can file case against you u/s 498A IPC.
3. Either keep this secret from her or wait till you get divorce.
4. You can but the same shall have no legal status and she will never be considered as your legally wedded wife. The children begotten by both of you will however be able to inherit you.
5. Do not rush things to such extent where you can not control. Better negotiate with her and convince her to give mutual divorce.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
4.9 on 5.0
Hi, if your wife is able to prove that you are in live in relationship with other lady then you are in trouble........as per law Hindu can't marry a women during the subsistence of first marriage and Supreme court also says that if  man  and woman  living as husband and wife in the same house they are deemed to be husband and wife. So it is my advice you have to wait till the divorce or else both of you are in trouble and unnecessary tension.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Whether a live-in relationship is legally permissible for my case when my mutual divorce petition is still pending ?
Opinion: No, it is not permissible, It comes under the Adultery and your wife may file a criminal case under section  
497 of IPC 497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
2. Can my wife take any legal actions against me if she comes to know about my live-in relationship ?
Opinion: as above

3. What legal precautions I should take to save myself from any likely legal harassments from my wife ?
Opinion: Try to convince her for second motion proceedings & get divorce decree from court.

4. Can I marry my friend in temple (without registering) before my mutual divorce petition gets over ?
Opinion: No, it will not be better option for you.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1) if your wife does not appear in mutual consent divorce proceedings your divorce petition would ultimately be dismissed you cannot enter into live in relation ship during pendency of your divorce proceedings 

2) if you enter into live in relation ship your wife can to harass you file DV / 498A complaints . 

3) dont enter into any live in relation ship . dont go on vacations with said lady . 

4)your marriage during subsistence of earlier marriage would be illegal . second wife will never have status of legally wedded wife .

5) talk to your wife parents . it is interest of both you and your wife to go in for divorce by mutual consent
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
as replied by expert you are a legally weded husband , so you legally can not do anything if you do your wife may prosecute for adultry. try to convince to preent at the time 2nd motion if not .you can file divorce on grounds of desertion & mentle cruelity one sidedly .you enter into such relationship beware of its results
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. Divorce has not yet been granted to you, and it seems very unlikely that you will succeed in getting divorce as the absence of your wife from court demonstrates that she does not intend to give you divorce. If she again abstains herself from the court at the next hearing the mutual divorce case will be dismissed. Unless and until you succeed in getting divorce you should not begin a live in with any other woman. It is illegal in as much as you can be prosecuted and jailed for bigamy and adultery. 

2. Your wife can indubitably launch prosecution for bigamy against you and your live in partner, in which event it will be difficult for you to wriggle yourself out of it. You may succeed in keeping this under the carpet for a few days or months, but eventually the lid will be blown off. Crime always leaves its some traces behind, which nails the accused.

3. As mentioned in the preceding paras of my reply, you should resist the temptation to begin a live in as long as you are legally married to your wife. 

4. If you marry your friend in temple you will dig your own grave and also that of your friend whom you intend to marry. It will be an open declaration of your guilt and will provide sufficient ammunition to your wife to nail both of you in the court. So do not do this.

If mutual divorce is not granted by the court due to continuous absence of your wife then you may unilaterally apply for divorce in the court whereupon the court may grant you divorce notwithstanding the opposition of your wife. This will be a legally prudent approach which will subserve your interests in the long run.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
You can book you for adultery if she wants.you wait till divorce is granted then go for it
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi,
The mutual consent divorce will be disposed after 18 months from the date of filing.
In case she does not turn up till that time it will be disposed. Still enough time left, So it is advisable to not to get into any sorts of relationship, whether it is married or living in . Even if you get married  before the decree  it will be void .
 Your wife must be deliberately delaying it as she may not be n a hurry to get married..
A temple marriage before the divorce can be like a bomb always in the next relation ship too , to avoid present  and future legal troubles avoid  the marriage before the divorce decree .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Please find the query as under:


1Whether a live-in relationship is legally permissible for my case when my mutual divorce petition is still pending ?

No till the time you do not get divorce, it is legally not permissible to be in live in relation. This amounts to adultery.

2. Can my wife take any legal actions against me if she comes to know about my live-in relationship ?

Indian law treats adultery as an offence under Section 497 of Indian Penal Code, punishable with imprisonment which can be extended for a period of 5 years. Section 497 of Indian Penal Code , 1860 reads as under:
 
"Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."
 
In view of above, your wife  have an option to make a criminal complaint against the adulterer(the person with whom your wife is having affair) by invoking the penal section 497 and 499 of  Indian Penal Code before the appropriate criminal court in India.
3. What legal precautions I should take to save myself from any likely legal harassments from my wife ?
Try to convince her for second motion proceedings & get divorce decree from court. 

4. Can I marry my friend in temple (without registering) before my mutual divorce petition gets over ?
No you cannot marry.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. No. You can not legally enter in to a live in relationship with any body when you already have a wife who is not yet divorced from you,

2. Yes, she can lodge a police complaint bringing the charge of adultery which is punishable with jail term,

3. There is no legal precaution for doing an illegal act. To save yourself from the onslaught of your wife, you should keep your affiar with the divorced lady a secret,

4. You can not marry her in any way till you get a decree of divorce from your wife. Try to settle amicably with your wife to get the MCD decree expediously.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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