Living with another person without divorce

Originally posted by : dns
	Its very hard to go to this thought but we have no options but  to go for this, My cousin sister got married before 2 years and 10 months back(exact date - May 2014).Her husband got into jail immediately after 1 month of marriage in the case of 498a , 307 due to her husband's brother's wife tried committing sucide.They are under trial for almost 2 years and 9 months now and no hope of their acquital or getting bail. We tried to take MCD but they did not agree then we approach to lawyer for lawer but there is no ground on which we can take divorce in such case. Now my question is - if she simply starts living with some other person(whom we know personally whose wife is already died ), it will not be an offical marriaage but a kind of live in. What will happend when my cousin sister's husband will try to take legel action agaisnt them and how can we handle this ?

It is legally wrong.  It will attract adultery under IPC 497, fake marriage will again attract 494, 493 IPC.  Why risk so much.  Simply take mutual divorce and marry legally with all pomp and show.

Pursue for MCD.

Hi before divorce  she can not live with another person if her husband want to take legal action he can do this and take legal action person which one live with your cousin sister 

here best way as Kumar sir advice you persue to him for MCD or you file for divorce case in court if he can not agree on this matter but she could not live with another person without marriage if she doing same its  not valid and her marriage no ground in law 

As the saying goes "Marriages are made in heaven and as the oath taken during marriage for better or for worse till death do us apart" Patience peservence are the attributes to a happy married life .

Even if its a live in relationship it will attract IPC 497 since once they are going to get into a relationship its but natural they are going to have s*x . This will lead to a new born life a child. If no child than they are safe .But would they be happy without a child is a question to be pondered upon  . When a case is filed against youll and the child is sent for a DNA test it will be proved that the child belongs to them and all this attaracts section IPC 493 and section 497 .

Thanks all  for quick suggestions and discusion around this. I want to take in little more details,

Assume that my sister's husband file Adultery case on her live-in partner and somehow he proves it. What is the max  punishment for 497 and will it happen in family court or regular court(if regular court , can we take it to high court then supreme court and then we stretch it for years(max how many years).

P.s. - Please do not just console me, if any adverse is there just highlight it. I am ok in accepting harsh words as well but do not want to fall again in same situation where we have to see her life ruined.

Please forgive me if i have used any unnecessary word here and provide your valuable suggestion.

A similar query has been discussed at:

https://www.lawyersclubindia.com/forum/Divorce-if-spouse-is-improsoned-119756.asp

What i understand is that , this is a very unique case and has to be fought by taking risk. It may be that they delay for family planing or may be we hide their kids to some relatives place to avoid possible ground of DNA test (May be i am thinking criminally here but our first and formost goal is to get her normal life as we are not able to see her crying face). Just to add here that most of the reputed persons of our society are with us as they also know that the other party(my sis's husband family) is not good at act and behaviour. It was our big time unfortunate and follishness to fall in their trap.

Please drop in your suggestion if anything more to it.

file the complaint u/s 497 IPC