Dhiraj Srivastava (Finance Manager) 23 May 2015

Live in relationship during divorce proceeding

Dear Experts,

Please advise on following points:-

1. Can a man start live in relationship when his divorce case is pending against wife on account of adultery and marry with partner after divorce is finalized.

2. Can some sort of affidavit be given to live in partner that he will marry to her. Similarly can affidavit be taken from her stating that she knows the status of divorce case and started living together in the expectation that divorce will be granted.

3. What are the safeguards available to both live in partner. They ultimately want to marry. Since divorce process is time consuming, they are thinking to live in.

4. Wife has filed maintenance case, domestic violance case and dowry case after knowing that Divorce Case has been filed. My question is that whether divorce is certain when dowry case has been filed by wife. Summon not yet received as her advocate not appearing. Will not it amount to cruelty apart from the charges of adultery.

Please advise.

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7 Replies

saravanan s (legal advisor) 23 May 2015

its better to wait till you get divorce from the first wife and then proceed by whatever means you want.or else it would tend to weaken your divorce case and might lead to unnecessary complications

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 23 May 2015

Sir,

You seeking divoce on wife's adultry and yourself thinking to get into live-in-relationship .... It will go as a wrong conduct on your part and all and she can take benefit of the same in not letting you get a divorce decree.

Not suggested .

Warm Regards
Kapil Chandna Adv

9899011450

Shantanu Wavhal (Worker) 23 May 2015

1. Can a man start live in relationship when his divorce case is pending

NO - its a crime

useless

3. What are the safeguards available to both live in partner. They ultimately want to marry. Since divorce process is time consuming, they are thinking to live in.

law frawns basterdry.

4. whether divorce is certain when dowry case has been filed by wife.

Will not it amount to cruelty apart from the charges of adultery.

NO NO

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 May 2015

“Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. Long-standing relationship as a concubine, though not a relationship in the nature of a marriage, of course, may at times, deserves protection because that woman might not be financially independent, but we are afraid that DV Act does not take care of such relationships which may perhaps call for an amendment of the definition of Section 2(f) of the DV Act, which is restrictive and Exhaustive.”

Dhiraj Srivastava (Finance Manager) 24 May 2015

Thanks Experts for replying on the post.

Shantanu Wavhal (Worker) 24 May 2015

ramachary64 ji,

the author's divorce case is pending

he is NOT eligible to get in live-in relationship

the SC ruling u have provided is misplaced..

Shantanu Wavhal (Worker) 25 May 2015

Supreme Court of India
Kannan vs Selvamuthukani on 30 January, 2012
Bench: Aftab Alam, Ranjana Prakash Desai

So far as A1 i.e. husband of the complainant is
concerned, he has undergone the sentence awarded to him.

9. The prosecution has clearly established that A1 was married to the complainant on 16.6.1980. It is
also a fact that A1 obtained a decree of divorce on 20.2.1991 which was set aside on 10.2.1992 in the
appeal carried by the complainant against the said decree of divorce. Evidence of the complainant
establishes beyond doubt that A1 married A4 on 8.3.1992.