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Subramaniam (NA)     25 March 2010

Live in when divorce in progress

My divorce is under appeal in high court after the Famil court has approved for divorce . Can i live in with a man while the process is in progress .



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 11 Replies

Vikas Dharmendra (Consultant)     25 March 2010

With another man or same man?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     25 March 2010

yes, may go, if you made up yr mind with him. do not marry in form either by registration , or by religious system.

are you female? then wait a little bit. because s497 ipc is applicable to your mail partner

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     25 March 2010

pl read 'with her' instead of 'with him'

Subramaniam (NA)     25 March 2010

Sorry ive to rephrase it , "I am a women " and the mans Divorce is under appeal in high court  , divorce was issued on feb13th and an appeal in submited in high cout on march 19th . The appeal is yet to be heard in high court . The famil court order says his divorce will be in valid 3 months after the issue date . Now what are the ways that we can live together legally is what i am looking for .

Vikas Dharmendra (Consultant)     25 March 2010

You can live together, No body permission is required except the one to whom you are going to live.

Gagan Gupta (Advocate)     25 March 2010

I agree with Arup K Gupta, There is no problem for you but You need to see that your live-in partner did not come under S 497 IPC. for it you need to prove  that your Husband agreed you staying with some one else or him. and It is not a defence that he didnot know that you are married.

Rajan Salvi (Lawyer)     25 March 2010

Legally you cannot .


(Guest)

1. When Divorce has already been granted by trial court and it is currently hit by Appeal period whihc is 90 days then you should wait more for 3 months which afterall is not eternity period least you are hit un-necessary by any more legal issues.
2. I suppose the other man will understand and be sensible to 3 months period to get over with a new life by you two.
All the best.

Subramaniam (NA)     25 March 2010

thank you sir , but my consern the time period for the family court law to be materialised is 3 months i.e 90days is given for the xparty to appeal in the high court as per that the x party has appealed in the court , how long will the high court take to give a verdict . And if the high court gives a judgment in this 90 days period , can the x-party re-appeal and extend this 90 days period .Or is it that we just need to wait for 90 days and after which we can get married . Can the x-party appeal in supreme court if the high court grants rejects the appeal and grants divorce .What is the time frame for this and when is it that we can be married .


(Guest)

I feel there is something not right in the trial court proceeding looks like face of it (as I see confidence missing from your 1st. and 3rd. mail briefs) that is why so many aprehensions you have raised.

However leaving them aside as I bet, you in a open forum may not like to discuss all the nitty grities of your case so here are my last limited suggestions and after this you should contact your own Adv. who got you that ex party stuff and afterall you will be having a Advocate to defend your side of say in HC is it not so?, So why not discuss these micro issues with him as enough basic advises in this open forum post you have been provided by quite a few respected ld. friends here:-

My limited take now are;-)

1. Appeal period in HC and then SC is 90 days each.
2. As per recent Law from SC which you might be aware of as seen over TV yesterday (kushboo case), there is nothing wrong in LIVE IN as there is no LAW of the LAND currently to panelise Live In genders. So go ahead and start the live in with this second men in your life during the period of Appeal in HC and may be if it ever goes to SC.
3. Bigamy by a women is OK (means allowed) as per law. For understanding this Law you read Sh. Arup's detailed post of few days ago in this very Family Law sub-Forum.
4. Ideally you should wait for decision of HC during Appeal period but you being lady it may be OK so go ahead if you can't wait but atleast don't blame me afterwards if on some Law points your ex Husband is chasing Appeal right now and it back fires.

With above notes, I'm closing further replies from my side on this post. Others may contribute as per their capacity.
Regards.

1 Like

Gagan Gupta (Advocate)     25 March 2010

Legally You need to wait till litigation came to an end even up to SC, even SC can admitt a case after 90 Days and reverse decision. No one could be advised to halt his life for these silly procedures. So be smart to tackle this ticklish situation. Secrecy could prevent  many problems to arise so no need to expose. Good Luck.   


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