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Rajesh (SE)     19 January 2013

Live in relationship during divorce proceeding

Hi

i am facing 498A and divorce case from last 5 year

she is not ready to give divorce.

can a live with a unmarried girl as an "live in relation ship"

"what are the safe gaurd i have to do

 



Learning

 11 Replies

rahul (director)     19 January 2013

You can...

there is no legal implications on this, court can't stop live-in.

if  you wife willing to divorce, then her demand may rise..

or its opposite/ that she may divorce you seeing that you sleeping with other girl;

 

Tajobsindia (Senior Partner )     19 January 2013

1. It is not advisable when matrimonial cases on once head.

2. Instead spent time and energy in setting up mediation with a seasoned mediator and come mid way to part company as 5 years is a decent enough time for wife to seek some changes in her earlier position is my view.

 

Rajesh (SE)     19 January 2013

hi rahul

you mean to say she cannot file any kind of case aginst me.

or any police verificatin etc

Praveen (Lecturer)     20 January 2013

Hi

I my perception if your wife can prove that you are in relationship with other woman it may lead to bigamy. Otherwise you can enjoy. It is very sad that in india pnly men are being harrased with woman sided rules. If wife is doing bigamy she will not be sent to jail but if same thing man commits then he will be sent to jail.

situation may come in near future where men refuse to marry a girls and in turn go for live in relationship.

Rajesh (SE)     20 January 2013

hi parveen

how it may lead to bigamy if we havnt done marriage just living togerther how.

there is no proof of marriage i mean photograp and witness etc

then how come

Praveen (Lecturer)     20 January 2013

Hello rajesh,

As far as my knowledge is concerned keeping mistress is also crime under law. So if she proves then you will be in trouble.  I think LIVE IN relationship rules is not applicable to persons who are already married and have marital problems.

Harsh (Manager)     20 January 2013

under what law is  live-in or having a gf  banned?

as far as i understand, when you are separated mutually or

through a Judical separation, your other relationships shouldnt be illegal (marriage yes).

an affair can be a ground for divorce.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     22 January 2013

 

live-in-relationship is permissible only in unmarried major persons of heterogeneous s*x.

 While it is true that the mainstream view in our society is that s*xual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in s*xual relations outside the marital setting, with the exception of `adultery' as defined under Section 497 IPC. At this juncture, we may refer to the decision given by this Court in Lata Singh Vs. State of U.P. & Anr., AIR 2006 SC 2522, wherein it was observed that a live-in relationship between two consenting adults of heterogenic s*x does not amount to any offence (with the obvious exception of `adultery'), even though it may be perceived as immoral.

Supreme Court of India

S. Khushboo vs Kanniammal & Anr. on 28 April, 2010

Author: . B.S. Chauhan

Bench: K.G. Balakrishnan, Deepak Verma, B.S. Chauhan

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     22 January 2013

 

live-in-relationship is permissible only in unmarried major persons of heterogeneous s*x.

 While it is true that the mainstream view in our society is that s*xual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in s*xual relations outside the marital setting, with the exception of `adultery' as defined under Section 497 IPC. At this juncture, we may refer to the decision given by this Court in Lata Singh Vs. State of U.P. & Anr., AIR 2006 SC 2522, wherein it was observed that a live-in relationship between two consenting adults of heterogenic s*x does not amount to any offence (with the obvious exception of `adultery'), even though it may be perceived as immoral.

Supreme Court of India

S. Khushboo vs Kanniammal & Anr. on 28 April, 2010

Author: . B.S. Chauhan

Bench: K.G. Balakrishnan, Deepak Verma, B.S. Chauhan

rajiv_lodha (zz)     23 January 2013

If cases r stuck & wife doesnt want MCD, the only way left is LIVE-IN. Leaving aside much jargon, 2 things are essential: 1) The new partner or her relatives shud be non-complaining 2) U shud take precautions not to MARRY HER ACTUALLY & AVOID PRODUCING OFFSPRING TILL U R OUT FROM THE MESS

siranjeet (JE)     23 January 2013

extra marital relations are termed as adultry and punishable under  u/s 497 IPC and if consented relation  and ur partner not cause any problem then no body can harm u

and

if ur new partner cause any problem then no body can save you

so beware of these things as your new partner can even file rape against u

but your wife can file only adultry case against you  which is never proved and in last she can take divorce  on the basis of adultry nothing else if proved

if adultry by u not proved then u can take advantage of  serious allegation  of adultry on you which is mental cruelty and can take divorce on this basis and so amny judgments of pb and hry high court are there on these vague serious allegation

 so adultry with ummarried, divorcee or widow is safer than married women

because only  victimised other spouse can file adultry case and moe over punishment is only for adultry causing men and no punishment to adultrous women even as abetter


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