Adultery is no longer an offence
2) have a discreet relationship
3) wife can file DV case against you
Live-in relationship while going through a divorce
Hello esteemed lawyers. I am going through contested divorce proceedings with my wife for two years now. She has lodged various sections against me, including 498, 323, 324, 504 etc. I wish to start living in with another woman. She is aware of these proceedings. 1. Please suggest if live-in relationship, while going through a divorce, is legal or not? Is it punishable by law? 2. If my wife finds out, what legal trouble can she cause me? Thank you for your support.
Asked 5 months ago in Family Law
Religion: Hindu
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7 Answers
1. 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.
- Hence, it is not punishable by law
2. Extra marital affairs is only a ground of divorce, and hence she cannot take any legal action against you, even if she came to know about your relationship with other lady.
1. Adultery is no more a crime. Therefore from the punishment point of view it is no more a deterrent.
2. Nothing legally.
Live-in relationship or even illicit affairs with another female during the subsistence of marriage is not a crime anymore.
She may file a domestic violence case additionally due to the mental cruelty for this act if she comes to know but the very act itself is not a crime
1. Since at the moment you continue to be the husband to your wife and final divorce decree has not yet come.
2. If live-in relationship while going through divorce proceedings is initiated, it amounts to bigamy and adultery.
3. If your wife finds it out, she may accelerate the divorce proceedings.
Not illegal neither punishable.
She can only raise ground of adultery to obtain divorce nothing else.
Dear Client,
In India, live-in relationships are not illegal. The Supreme Court of India has recognized live-in relationships as a valid relationship under the law. While live-in relationships are legal, engaging in one while still legally married can complicate your ongoing divorce case. Although it is not punishable by law, it can be used by your wife to strengthen her case against you. Your wife might claim that the live-in relationship amounts to adultery and mental cruelty, which could influence the court's decision regarding alimony, child custody, or other aspects of the divorce. While there’s no legal prohibition against a live-in relationship, considering the ongoing legal battle, it’s advisable to proceed with caution. Your wife’s awareness of this relationship could impact the court’s perception and decisions. Should you require any further clarification, please do not hesitate to contact us.
