Shridhar Patil (Student) 05 June 2012
Tajobsindia (Senior Partner ) 05 June 2012
1. Donot invoke GOD in such humane activities first of all in guise of typical Indian mentality of talking everything via mouth of emotions and sentiments yet fearing laws of the land.
2. Best would be to opt live-in on foundations of trust. Live in concept is based on trial and error relationship between two persons and is suitable for those couples who donot want to give it a name such as “commitment” and is a basically a catchign up social lifestyle. Trust is the sole ingredient to enjoy successful live-in and not giving it a name of “social commitment” as desired by you via your brief (mangalsutra, toe ring, sindoor, declaring her to the status of wife etc.) Live-in is also an oldest Indian tradition but down historical line it was lost talking about and not popular en-mass and is still perceived to be a western concept but gaining popularity in metros as alternate lifestyle. Let this lifestyle remain the way it is donot Indianise it now when gender biased laws are there to catch you off guard. You need mature Judiciary and mature LCI to discuss all these lifestyle concepts.
3. Laws says live-in is not a crime. But the moment you showcause live-in and give it a grading of marriage and or relationship to the nature of marriage before society both keep, the tone of Law changes.
4. There are sufficient past posts / discussions on live-in here which may guide you further on right path.
5. The Agreement that you are seekign advise form us is not applicable in your case as both of you are not legally divorcees before eyes and gossiping ears of society that you have plans to migrate to. Such Agreements may be given legal shape for those puppy couples who are respectively enjoying un-married status before entering into one such Arrangments and is called as pre-nups whcih is a western concept picking momentum in India now-a-days.
Adv. Chandrasekhar (Advocate) 05 June 2012
In indian criminal law, having physical relationship with a married woman, even with her consent is an offence.
Shridhar Patil (Student) 05 June 2012
Please provide the format of aggrement.
My lawyer believes next maximum 2-3 months will get divorce for me. As far as I know my dear wife will not go appeal since I am paying good amount of money & settle things.
As far as her case is concerned since she does not know where her husband is, she is ready to go for consent but it will take another 1 or max 2 year. Also her husband has informed her parents that he wants to get separated from her.
My lawyer has assured that we both will get 100% divorce, but till that time we want to live-in together, thus sir I request you to give proper good suggestion.
Ranee....... (NA) 05 June 2012
@Author,
take mutual divorce then proceed.If your spouse is not ready for MCD then your liv in may trouble you in divorce case.