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Satya Rao V (Business)     06 October 2011

Live-in relation

Hi, me and wife got separated four years back.  but still did not take divorce.  from past one year i am having live-in relation with other female.  is it legal?



Learning

 8 Replies


(Guest)

NO, YOU HAVE TO TAKE DIVORCE FIRST.

1 Like

Adv. Chandrasekhar (Advocate)     06 October 2011

If the other lady is a major and have no living spouse, then it is not illegal from your angle.  But your wife has a ground to seek divorce on the ground of adultery done by husband.

Krish Narayan (Advocate)     06 October 2011

Basically what you are doing is wrong from many aspects.

1. For having a relationshipship with another lady, you shall get divorce first from your wife.

2. If the another lady is major and having no spouse living, then she may allege that she cohibited with you as your lawful wife and she would come under the purview of  "aggrieved person" under section 198 of Cr.P.C. Further she may allege that you have concealed your first marriage and liable for punishment under section 495 of IPC.

3. Meanwhild your first wife can seek divorce on the ground of adultery. At the same time she may initiate proceedings for bigamy under section 494 of IPC. However it is for her to prove that the 2nd marriage was validly performed with all formalities and rites.

Therefore for safer side, try to get divorce from your legal wife first. Then do what you think.


(Guest)

Society is changing.. So live in relationship is more or less accepted in the affluent society. So as far as your Friends and family is concered. This may not matter.

But this will have legal implications..

1) Your Wife if files a divorce, she will make this as a ground that you are involved in Adultary.

2) If the relation in between you and current partner go bad then you will be in big trouble. Please do not read me wrong the complexity involved in human relations is very large. It cannot be predicted.

What i see from your story is that you and your wife have separeted 4 years ago. This is a very long time for someone to return. So what you can do is you can discuss the divorce with your wife and discuss the terms of settlement and jointly apply for a Mutal Divorce and get settled once again in your life.

rajiv_lodha (zz)     06 October 2011

@Jayarajan,

494IPC can not be launched in any way, author is in live-in relationship. Its never MARRIAGE

@Author

U must be clear about ur aim, best is-- talk wid ur X, when u r nt going to cohabit- APPLY FOR MCD.

If MCD is not possible, continue live-in, but carefully. Under no circumstances the new lady may be in antagonism to u.

Best wishes

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 October 2011

It is not illegal.

 

But wife can seek divorce on grounds of adultery.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

@Shonee Kapoor

harassed.by.498a@gmail.com



If the wife also have a LIVE-In relationship with someone , then will it be legal?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 October 2011

Yes, it is legal for wife even.

 

However, the person she is staying with can be charged for Adultery.

 

Also, husband in such situation on grounds of adultery and wife would loose all rights on maintenance (Living in Adultery)

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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