best option is for lady to divorce by mutual consent . Consent terms should mention she would have sole custody of her son 

2) she can then have live in relationship with you 

3) If husband does not agree for divorce she can file for contested divorce 

You can live in a live-in relationship. 

Ask her to file for divorce under section 13A of HMA for divorce 

File a petition under Guardian and Wards Act for the custody of child

She needs to file divorce. Any married person can't marry other person without divorce. If live in is prefered it can have issues in divorce on ground of adultery

Hello Sir, 

I have read your query and i hereby opine that since your wife has not give divorce to her husband so live-in relationship would cause adultery on her part under the Indian Penal Code and would attract some strict penal punishments. She is not allowed to live with another man in any kind of live-in relationship if she is not divorced. So the better way to start of with a live-in relationship is that first she should obtain divorce from her husband, after she obtains divorce from her husband, you can move in Live-In Relationship. Apart from that the custody of the child would be a matter of fact and it would be the judicial conscience of the court by looking into the facts and circumstances of the matter. 

The Court can award either ways so the custody of the child could go either way depending upon the balance of convenience and facts and circumstances of the case. 

You can follow of your queries if you have any. Please don't forget to rate my answer and provide with a valuable feedback and your feedback keeps me growing. 

Thanks and Regards!

Varun Talwar, Advocate Delhi High Court

Mob: [deleted] 

Live in with her is not problem. Custody will rest with mother. 

Tell her to apply for divorce on the ground of physical and mental cruelty.

- Supreme court declared that , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

- Further, Supreme Court has held that rape charge cannot be invoked in case of consensual sex between ive-in partners.

- If she is also interested to continue with you , then she should take consent from her husband for a mutual divorce , which can be granted with a short time , and thereby she can ask for child custody as well.

- However, for mutual divorce one year separation is mandatory , but as per Supreme court judgement it can be remove in special circumstance , and further can also file after living under one roof as well. 

- Further , if her husband not agree to divorce her mutually , then she can file a divorce case against her husband, with the condition of child custody , if she wanted to have the custody of child with her. 

- Further , if her husband already know about your relationship , then he can also file divorce case on the ground of extra marital relationship. 

Good luck and dont forget to rating Positively. 

Than who will care of child ? If her husband is concern about child and want to keep than only you can go ahead.

If she refuse, custody will not impose on her. But child care is must 

Respected sir...

It will be much better for both of you to get divorce first and then live a Happy life for that...she will have to file divorce petition if both the parties are ready that is husband and wife if they are agree then you have to file divorce under section 13-B of HMA ...as to get decree of Divorce under mutual consent in that all will be decided that is alimony and child custody else you have to go under section 13-A of HMA ....

Thank you

That's your personal issue. Legality is what I suggested you above. Custody can be given to her husband if he us ready. It has to be decided mutually. Living with you before marriage is a personal decision

She can leave her house.

Live with you.

If she doesn't want custody of the child than court will decide 

1. Since iive in relationship is nk more a crime there is no legal bar for you to move on with her.

2. However this may cause much consternation in the mind of her husband resulting in his refusal to give mutual divorce. 

3. Now though your girlfriend can file contested suit for divorce, if her adultery with you is proved then she will never get divorce. 

4. Since you want a baggage free marriage then don't make a mother drift away from her son. You have already ruined a marriage , now don't deprive a son from his mother. 

Don't forget that no relationship can survive or continue if it's madecat the cost of killing several existent relationship. 

- If she is not interested to live her husband , then she should amicably settle the issue with him , whether after living with husband or after living with you , on the condition of child custody . 

Look you can always fight during the pendency of Divorce hearings that you don't want the custody of the child and if the court seems it reasonable then the court may dispense with the custody of the child and it would be handed over to the father. Further i won't suggest you you be in a live-in relationship as she has not been divorced yet to which you have the knowledge. So, it would attract several penal provisions on your part and on part of your wife. You need to file the divorce petition firstly and if there is a mutual divorce, then it could be decided within a period of six months. 

You can follow up your queries if you have any. Please don't forget to rate my answer and provide with a valuable feedback and your feedback keeps me growing. 

Thanks and Regards!

Varun Talwar, Advocate Delhi High Court

Email: [deleted]

You can love that married woman and can even live with her in a live-in relationship also without marrying you.

For marrying her, she should first get her marriage dissolved by a decree of divorce through court of law.

For that she may either get her husband's consent for mutual consent divorce, if he is not agreeing then she may file a contested divorce on the grounds of cruelty.

The child shall be with the custody of either of the parent as court may decide.

You have to talk to her about the child.

She may not be able to leave the child behind with her husband even if she wants to elope her husband's house.

If her husband also rejects the child when she deserts him then what will be the fate of child, perhaps she may have to be consulted on it.,

You can inform her about your condition on the child  and if she accepts the same you can proceed, if she do not then you may reconsider your decision.

a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage. 

Live-in relationships are now legal in India.

The custody of the child depends on various factors including, the age, gender, economic capability of the parent seeking custody etc. 

if she don't want custody of child then it is better settle dispute amicably and apply for mutual consent divorce on terms of she don't want alimony and custody of child. 

Wrong strategy . she should Talk to her husband for divorce by mutual consent 

2) You should not separate 5 year old son from his mother 

1. She is free to file petition for dissolution of marriage on the grounds available to her under the law to which she is subject.

2. Now the Supreme Court has struck down as unconstitutional Section 497 IPC which criminalised adultery and made the paramour of a married woman liable to punishment for up to 5 years. So both of you are free to live together.

3. If she wants the custody of her child then she has to file petition for child custody and prove her competence to secure the welfare of child better than child's father.

Think twice before you go for such relationship. Because of the following. 

The woman may not get the divorce unless her husband gives consent.  This is because Indian law does not give a free hand in divorce at will. Irretrievable breakdown is not a valid ground for divorce. Only supreme court has power to grant divorce on such ground by applying it's inherent power. SC has granted divorce on such ground to a few cases based on their long history of broken marriage tied with  long pendency of divorce case in lower court. 

Advice: First get divorce. Then go ahead for any relation with the woman.

You shall not be responsible for the child. His /her biological father shall be responsible for his child. 

Hi, she can file for divorce on the grounds of physical and mental cruelty and also other domestic violence complaints in order to create pressure on her husband for divorce..It is advised,not to stay together during this process as her husband may take defence plea of adultery ..

1. She is free to leave her matrimonial home and go wherever she wants to go. Her husband cannot hold her against her will. If she wants to stay with you then she is equally free to do so.

2. 'Should you' stay together is something you have to decide, but law of the land gives you the liberty to live together. There are no consequences except that her husband can file divorce petition against her on the ground of adultery. If adultery is proved as a ground of divorce then she will lose the right to claim maintenance from her husband.

Hello Sir, For this I would suggest you to first file a divorce petition and after the divorce petition is filed, she can stay with you provided you cannot marry her till the time she is divorced. You cannot also show the world that you are married till the time she has not obtained the divorce. Although, till the time divorce petition is not filed, she cab also live in her matrimonial home as that would be safe but if she stays with you, please do remember that firstly no physical relationship should be established, she should not be pregnant during the course of divorce and thirdly she should not have been married to you. All these three things should be restrained till the time divorce is obtained. 

You can follow up your queries if you have any. Please don't forget to rate my answer and provide with a valuable feedback and your feedback keeps me growing. 

Thanks and Regards!

Varun Talwar, Advocate Delhi High Court

Managing Partner at Talbros Legal LLP

No consequences. She can live with u 

1) she should stay separate and file for divorce on grounds of mental cruelty 

2) have discreet relationship 

3) adultery is no longer an offence 

ask the lady to settle the matter amicably with her husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if the husband of the lady does not agree for the mutual divorce, she can file a case of domestic violence, maintenance against him and can claim the maintenance for herself and the son,

she is free to withdraw the case once her husband agrees for the mutual divorce

she can also opt for filing a contested divorce on the ground of cruelty but it will take years to dispose of the case,

after the filing of the DV, maintenance case, she can live with you since adultery is no longer a crime in our nation,

you both can stay together

First she needs to apply for divorce at least than think to live-in-relationship with you.

She can keep her son in her husband house, kindly check did her husband wants custody of son or not.

You can stay together. But she shall not be your wife till divorce is granted.

If any child is borne out of this relationship you shall be sole responsible for welfare of the child even the woman goes back to her husband later on.  Keep this in mind while you take any decision in this  regards.

(In most cases such relationship due to such legal hassles fails in all respect . ) It is not a legal advice  but based on legal aspects. 

The consequences if you don't severe this relationship is to destroy one marriage, ruin a child to have company of his mother apart from facing several criminal cases from many counts. 

So move away from her and give her a free hand to repair her marriage.  You can get another girl but nothing is more immoral or heinous than spoiling another marriage and then take fruit out of it.

Legally you will have nothing serious to face if you both live together. 

Socially you know very well

Legally there's no problem in you both staying together. 

He cannot take any action to separate you both especially if she has voluntarily staying with you and if she states that it is her decision. 

As per law no legal action can be initiated for her acts of adultery neither against her nor against you. 

He may file a divorce case on the same grounds. 

- As per Rajasthan High Court judgement held that , It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay,and nobody should consider an adult woman as a consumer product.

- Further , the High Court dismissed the Habeas corpus petition filed by woman's husband on the ground that one cannot be allowed to live his wife against her consent , and maximum the husband can file divorce petition in the family court on this ground. 

- Hence , you both can live together legally , and the maximum will be , that her husband will file a divorce petition before the family court. 

Good luck and dont forget to rating Positively.

Dear Sir,

You may stay in live-in relationship with the said married woman only when she leaves her husband by way of divorce and her son by way of child custody in favor of her husband. For this, you may support her emotionally/financially. If she leaves her house without intimating to anyone and starts staying with you, then her husband may file some false cases against you and her. So, it's better for her and you that she files the divorce papers and then starts living with you. 

Only option you have to settle the matter is, to go for Mutual consent divorce (MCD).

Along with MCD an MOU / Consent terms will be presented wherein, all claims against each other will be settled and child custody will be given to her.

Thereafter both of you can have a live in relationship.

Response to your second post:

Accepting / rejecting the child (tiny tot) is between you and her. 

It is not advisable to take such a harsh decision of separating the 5 year old child from his mother, but it is your choice.  The same will be captured in MOU / Consent Terms filed for MCD, i.e., as to give custody to father or she takes him (by this entire issue will be legally solved).

Better avoid to accept her without settling the issue with her first husband and family members, to avoid further complications.

Response to your third post:

Going by the torture inflicted by her husband (use his threats, messages etc), she can file for divorce on the ground of mental cruelty, thereafter, she can join you and live with you.

Since adultery is no longer offence in India, you can continue your live in relation ship.

she can first apply for separation from family court and then decide to stay with you. Staying with you may hamper her divorce case and could attract unwanted defamation for her in society

1. You both can live together since  adultery has been decriminalised by the Supreme Court making the married lady free to live with you.

2. Mother is considered as the natural guardian of her son till he is 5 year old after which the father  can claim his custody.

3. Anyhow, she can come with her son to stay with you after lodging a police complaint that her husband is trying to snatch away her don from her and throw her out of his house.

4. Thereafter she can file a child custody case praying custody of her son for his welfare.

1. If you and your said married fiancee do not want to keep her son and her husband also refuses to keep him, then where will he go?

2. If her husband agrees to keep her son, then she can leave her husband and start living with you.

3. However, it will be prudent on her part to lodge a police complaint against her husband to ensure that he can not harass you by lodging a false police complaint alleging that you have kidnapped his wife.

1. You can legally stay together for which there can be no criminal case against any of you.

2. However, her husband can harass you by lodging false police complaint alleging that you have forcibly kidnapped his wife.

Since she is having an extra marital affair with you her husband can file a case for divorce on the ground of adultery against her. 

An adult couple has a right to live together without marriage. 

Without divorce second marriage is an offence under section 494 of ipc.For a marriage to end, divorce which is a well defined concept in family law needs to be applied. This annulment process can be complicated requiring the help of courts thus time consuming and emotionally draining. Cohabitation as already mentioned is not a legally binding bond so it can end anytime without any prescribed procedure even though even this just like marriage brings out an emotionally draining experience for the couple.

Mutual consent divorce is the fast and easiest method for getting divorce.

Supreme Court of India observed that, if a man and a woman in love decide to live together as a couple, it is well within their right to life and by no means can be deemed a “criminal offence”. The Supreme Court, in Indra Sarma case delivered on 26th November 2013 says: “Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. Legitimacy of children born out of wedlock presents a dilemma to the Indian Courts. Courts have been divided in this endeavor. Child out of a prolonged relationship is deemed legitimate.

Above mentioned details are commonly applied laws to a law abiding person.

In your case ,

Living together after divorce and before divorce are very different in the eye of law. In your case first get a divorce and then live together. Otherwise again you can expect threat from husband and police.

Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. From your query it could be seen that”

We don't want to keep her son , as i can't accept her son neither my family.

So settle this issues in between you first otherwise it may leads to problems in future.

Mother is considered as the natural guardian of her son till he is 5 year old. If her husband is ready and willing to take the custody of child then it would not be an issue. She had a husband and child; you like to break their family chain and try to snatch her from legally wedded husband. In such a stage, if she decided to stay with you then law could not help her husband from separate you both. But you will face consequences.

1. She should leave the house and file divorce petition against her husband on ground of mental cruelty.

2. She can file case for custody of child but it will be enough to take her child with her and contest the case if her husband file case for custody of child. 

3. You should not get into live in relationship with her as it can have adverse effect on her cases against her husband for child custody.

If police calls than she should say, we willing left.

If husband file divorce on the ground of adutlery, she may admit but this will decide by court to grant divorce or not. Matter will not solve easily.

She can file divorce any time on the ground of cruelty. Wife herself deserted husband,  no ground to grant divorce.

No legal document require. Can have live in relation.

All your above points are true and correct if it works accordingly whatsoever you both have planned it. If her husband goes to police station for file FIR against you both than all evidence and proof depends upon her. how she take case and what answer she gives in the police station after wards.

You should not get involved 

2) let he move out of matrimonial home on her own accord 

3) she should file police complaint against her husband if she is victim of domestic violence 

4) burden of proof is upon husband to prove allegations of mental cruelty 

5) contested divorce cases take 5 years to be disposed of 

6) don’t make any papers of LIV in relationship 

1. You are free to go and bring her. Law does not stop you from doing so, but some false case may be lodged against you such as for house trespass by her husband.

2. Contested divorce petitions take 2-3 years to be decided by the court.

1. Here safety depends on their mentality and you being caught or not. Anyway its illegal. 

2. ?

3. Duration taken for grant of divorce doesn't depends on the time of seperation. It depends on the type of case...a) Mutual consent will take around 2months.

            b) Contested divorce case will take around 2 3 4 years.

4. Yes

She can elope but if you help her it's not legal. She can stay with you if she wants but it will have negative effects in her divorce on grounds of adultery. There is no such live in relationship paper she can make. Before divorce she cant be legally in any adultery relationship. Illegally it's her choice

in my opinion if she is interested jn you. ask her to leave husband home and join with you in live in relationship without agreement or paper work. 

she can file domestic violence case and contested divorce on the ground of mental cruelty. 

1. Legally there is nothing wrong in your bringing her to Pune from her home town.

2. Running away from husband is not a crime. While leaving her husband's house , she should send a letter by post to the husband and the police informing them that she has willingly left her matrimonial house to escape from the harassment caused by  her husband. Her husband can not file any case against her for running away from his house. He can lodge a police complaint against you alleging that you have kidnapped his wife illegally and forcibly.

3. She can file the divorce suit against her husband even immediately after leaving his house on the ground of cruelty. It might take 2 to 4 years to get the case disposed of.

4. Do not make any paper which establishes your relationship with her as married couple which will attract the section of bigamy against both of you. You can live together before or after filing her divorce petition against her husband. 

Dear Sir,

The views expressed by your girl friend are really good and practical and you may follow that. You are suggested not to go and bring her rather support her financially, emotionally and all possible manner and let the things get solved by her. Also, have trust and don't create any paper because it may create a proof against you and her and it may affect the case adversely. 

1. Yes,  you can. 

2. If her husband files a divorce case let she file a memo submitting to the decree prayed for by him so that the marriage can be dissolved easily. 

3. If she's filing a contested divorce case then it may take two to three years. 

4 . You can legally live together without marrying each other but you can't make any papers for that. 

1) Absolutely not safe & not advisable, please restrain yourself from involving in person and travel with her. 

Leave it to her discretion, let her decide on her own.

2) Yes, she can do so.  Further, she is having an option to file Domestic Violence case, if she is aggrieved.

Yes, he has to prove the allegations. Correct, it can be done that way (Indirectly it is leading to MCD), but permanent alimony comes into picture, if he files for divorce, she has to take final call about divorce & alimony.

3) Divorce application if contested (She need not wait, she can file immediately), will take between 5 to 10 years (tentative time) (subject to harassment by opposite party applying delaying tactics and court's work load).

4) Strict "NO".  Do not put any thing in writing about live in relation, it does more harm than good.

Pls go through as i replied earlier. 

Ask her to talk to husband for divorce by mutual consent 

2) if husband agrees she would get divorce in 6 months 

3) you should not run and live together 

Cannot convince her husband if he dose not want to divorce her.

Fir divorce, have to file divorce petition on the ground of cruelty, She can file divorce from anywhere.

Can elope.

NO problem, spouse cannot be force to live with husband. She is free to live as per own choice.

She can file contested divorce if husband not ready for divorce. She can stay separated. You can run and stay along is a personal matter but it may hamper her divorce case

1. File a divorce case in court. 

2. Mediation and talks.

3. Its upto you.

Legal way is..... first divorce than live together 

She first has to leave his company and house for filing divorce case.

After coming out of his house, she can contact him that if he is agreeing for mutual consent divorce.

If yes, then she either can file the divorce case on mutual consent by herself or ask him to file so that she will go and sign the papers before the court o n the day fixed for this purpose.

As suggested earlier, she can leave her house and start living with you without marriage till such time she is getting legally divorced, after that she can marry you legally.

It is not crime that even if she elopes with you from her matrimonial home, no criminal complaint is maintainable.

You can live together anywhere. 

But can not marry her till divorce which is not possible if her husband doesn't want. 

 A couple can get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other.. 

it's depend on wife to convince. 

you both can stay, but it is better for ur gf first apply and obtain divorce decree either contested ot MCD then remarry with you . 

1. She shall have to contact and engage a local lawyer and file the divorce suit on the ground of cruelty submitting evidence in support of her said allegation. Before filing the divorce suit, she shall have to collect evidence of the cruel acts of her husband by audio/video recording his statements/acts.

2. She should put forth before her husband that there is nothing remain in their matrimonial relationship any further for which they should terminate their relationship amicably.

3. It is your decision whether you shall run away and start living together or not. However, before her leaving her husband's house, she should post letter to her husband and also local police station as suggested in my earlier post.

She should file a divorce petition on grounds of cruelty and abuse. She may also disclose her affair so that he may give her divorce.

Yes that can be done. She should leave and leave a note. Afterwards you may file a divorce petition.

Adultery is not an offence anymore. He cannot do anything. She should leave if she doesn't want to live with him.

There are no papers for a live in relationship. She may do what she is thinking. She is right to leave his house and live alone till the divorce is final. 

If he is not ready then she should leave his house and take another house on rent. Then she can file a case for divorce and demand maintenance also.

1. She has to file petition for dissolution of marriage on the grounds provide under HMA.

2. You are free to live together. It is permitted now by the law of the land.

Dear Sir,

The divorce case should be filed by her and during the counselling, her husband may be pursuaded for the MCD. Running from house will go against both of you. 

1) You impress her to take Mutual Consent Divorce (MCD) from her husband.  

2) It is win-win situation to all of you.  If MCD is filed, it can be concluded in 6 to 8 months.

3) Strict NO, do not take such hasty step, it complicates things than give you relief.

Just follow (1) & (2) and have patience.  Once divorce is obtained, it is good for one and all and it is tension free.

Good Luck !!!