Live In Relationship while divorce case is still pending in court
sandipan
(Querist) 18 April 2011
This query is : Resolved
Dear Lawyer,
I am 26 years old and i am staying with a 27 year old woman whose Divorce (Mutual Divorce) case is still due in the month of June 2011.
I would like to know will there be any difficulty in getting a divorce if she continues to be in live in relationship with me?
Also does the husband has any right over his wife who has seeked Divorce till the time the Divorce is finally done?
The husband keeps harassing her and the reason for her to file the divorce 5 months back because she was extremely unhappy with her husband's beating habits and doubting her of her character. In such case while being seperated if the husband harasses her , what are the legal steps she can take against him?
WE have found peace in eachother and would like to get married after she gets her divorce.
please we need your help as we are confused and don't want any harm in anyway or any disruption in her divorce thing.
Raj Kumar Makkad
(Expert) 18 April 2011
If you leave her for some more months and do not create such problems for her then she can feel some relief. If she remains in adultery then definitely her case shall get affected and she may even face criminal case from her husband. Until and unless a decree of divorce is passed, he is her valid husband and can watch her actions and can take action accordingly.
Darshan Shah / 09892727182
(Expert) 18 April 2011
When she is living with you and leading an adulterous life, how can you say that her husband is doubting her? Her husband's doubt is not baseless. If you continue to lead a live in relation with her, her husband can sue you in adultery case. So don't mislead her and let her seek the divorce first.
G. ARAVINTHAN
(Expert) 19 April 2011
It is clear case of Adultery
Advocate. Arunagiri
(Expert) 19 April 2011
abide the law and ethics of the country.
Get the divorce and live with her.
sandipan
(Querist) 19 April 2011
Mr. Darshan,
Mr. Darshan,Naresh, Arunagiri, thank you for your reply but probably you did not read the mail properly. She has started a relationship only after she applied for a divorce. She had been married to that man for more than 4 years and was mentally and physically tortured, beaten up.
For a man who committed adultery while she was still married to him.
Dear Mr. Raj Kumar,
Thanks for your advice. I will surely look into it very carefully.
sandipan
(Querist) 19 April 2011
I would also like to know what can be done now as we both are living together for three months now. In case even if we stay apart, can he prove a case of adultery?
R.Ramachandran
(Expert) 19 April 2011
Dear Mr. Sandipan,
Please take it that Mr. Darshan,Naresh, Arunagiri all have noted that the live-in-relationship has been started only after filing of the divorce petition. Their views are based on the legal position that it is not enough that divorce petition has been filed, but divorce should have been granted before any fresh relationship could be started by either of the spouses.
If her husband had committed adultery, then proper complaint should have been lodged. This having not been done, it is no ground to say that since the husband committed 'adultery' she will also indulge in adultrous life!
Further, all that the learned experts have advised you is to postpone the said live-in-relationship till such time the divorce case gets over - i.e. including the appeal, if any, against the divorce order, to avoid complications.
A. A. JOSE
(Expert) 20 April 2011
Considering the facts stated by you, if her husband has not yet initiated any criminal action against you and his wife for continuing adulterous life, you should rather thank him for the same. No one has any right to construe that mere filing of petition for divorce shall amount to a decree of divorce and the parties concerned are freed from their marriage vows and maritual obligations to each other.
The sooner you both stop living together the better for you both.
sandipan
(Querist) 20 April 2011
Dear Mr. Jose and Mr. Ramachandran,
Agreed to facts stated by you. But Mr. Jose her husband should be thankful to her that she has not pushed any criminal case or case of torture on him because she is going through phychologicals treatment because of that sick man and I along with her family is a living proof of that.
I can take comments on my relationships with her and her husbands knows it very well that he is a Mentally Sick man and there are enough evidence to prove it.
But apart from all this, I am thankful to you all for providing me with useful information that can make us lead a life happy in future.
Thanks once again.
Sandipan.
Arun Kumar Bhagat
(Expert) 22 April 2011
Criminal case does not lie against mentally sick person that is why the lady has not filed any FIR. But you are on the wrong side as it is a fit case for Adultery against you and your live-in-yet-to be-divorced partner because the aggrieved party is mentally sick and someone is taking advantage of his sickness.
sandipan
(Querist) 23 April 2011
Dear Mr. Arun
She filed a complaint in police station when her apartment people were fed up with the torture she faced everyday. she has burn marks everywhere in her body , so I would reauest you to sto using words like "advantage", and other such words. I got your advice , and thank you for that. She is getting treated for her multiple brain sacks which the doctors believe happened due to severe beating on her head. I don't support this cruelty , so I expect the lawyers not to support the same.
It is a public forum where people seek advice, which I have already taken. I am in U.S. right now and she stays as usual in Delhi.
She committed adultery without any knowledge of the same, which I was also unaware of , so I have come to seek your advice.
Anyway, thank you very much once again.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 April 2011
Law and society will now allow to live but if you have conviction go ahead and fight and you will come out alright.
law or no law two consenting adults can lead life the way they like provided they do not harm others.
