Live in relationship

Hello,

No it cannot be termed as marriage , as per section 11 of Hindu marriage act any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

following conditions of Section 5 of the Hindu Marriage Act:

• Bigamy

If any of the parties have another spouse living at the time of marriage. It shall be considered as null and void.

Illustration: there are three parties ‘A’,’B’ and ‘C’ where ‘A’ has a living spouse ‘B’, but he again marries to ‘C’ then this will be called as bigamy and it will be void.

• Prohibited Degree

If the parties are within a prohibited relationship unless the customs allows it.

Illustration: there are two parties ‘A’ and ‘B’ where, ‘A’ is the husband and ‘B’ is his wife. They both went on a relationship which is prohibited by law. This marriage can also be called void marriage.

• Sapindas

A marriage between the parties who are sapindas or in other words a marriage between the parties who are of his or her relations or of the same family.

Illustration: there are two parties ‘A’ and ‘B’ where ‘A’ is the husband and ‘B’ is the wife, who has blood relation or close relation to A which can also be termed as Sapinda. So, this process will be treated as void.

Even if you’re not a Hindu as per section 4 of special marriage act,1954 

• Neither party should have a spouse living at the time of the marriage
• The physical and mental capacity of the both the parties should be as per the section requires
• The age of the parties i.e. the male has completed the age of twenty one and the female has complete the age of eighteen
• The parties are not within the degree of prohibited relationship provided that custom governing one of the parties permits such a marriage between them

Here you are living with someone who is already married so even if you register to marry this person such marriage is void. Also if you could be more specific with respect to the facts we could provide you with more information.

ps- Merely living with a person cannot be considered as marriage without registration of the same.

Thank you

You have not state that you were already married.

First she has to take divorce then after she can marry you which is legal under law.

No this live-in relationship cannot not be called as 'marriage'.