Live in during divorce case is pending for last 5 years

Querist : Anonymous (Querist) 14 September 2011 This query is : Resolved
I am a 40 year man and had filed fora mutual divorce 6 years before. The mutual divorce later is protested by my wife and the case is going on with yearly dates...

since I am getting older, want to remarry but legally can not untill i get a decree which appears to be far from reality.

Meanwhile, I found a lady through family, who understands my situation and is ready to live with me practically as wife.

can my estranged wife create any problem???? while this new lady will not be officially married to me. further if my this new lady has a child in due course, will it have any direct/indirect bearing on my divorce case???

your practical expert advice will probably give me a new lease of life.

Thanks in advance.

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ajay sethi (Expert) 14 September 2011
if divorce case is contested it can go on for ages .

since you are not divorced your wife can file case against you for bigamy/ adulery under section 494 and section 497 of IPC . but since you have not remarried and merely having an live in relation ship the case may be dismissed

if you have child in due course pending divorce it can only lead to more complications .

to be on safer side avoid having an live in relation ship . be discreet

Raj Kumar Makkad (Expert) 14 September 2011
Legally you know everything concerned with the matter so nothing remains to be opined, however, if you start live in relationship then might have to face wrath of section 294 IPC and it shall also hit your pending case of divorce.

Child is born out of proposed relationship shall also adversely affect your interests in the aforesaid matter and shall invite criminal case under section 294 IPC.

It is advised to move to HC and get instruction o decide your matter within a shortest period.

pawan sharma (Expert) 15 September 2011
yes, i also agree with Mr. Raj kumar.

Sailesh Kumar Shah (Expert) 15 September 2011
Experts rightly advised. Nothing to add more.

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