live in relationship
1 week ago
can a divorced or widower man live in a live in relationship with a woman whose husband has deserted her 15 years back. Can they start living in live in relationship immediately after she files divorce case on ground of desertion without waiting for judgement without putting her partner at risk of getting booked in section 494, 495 or adultery.
A.Dear Sir,
Live-in relationship is not legal relationship. Moreover, that woman was not legally divorced as such at your risk you may continue in such relationship.
Live-in relationship is not legal relationship. Moreover, that woman was not legally divorced as such at your risk you may continue in such relationship.
Helpful
Helpful
Share
A.Dear Client,
It would be a crime if a married woman stays in a live-in relationship with another person without ending her previous marriage. And the person living in such a relationship with a woman will be considered a criminal offense under Section 494/495 of the IPC. In a recent judgment, the division bench of Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later. Such a relationship does not fall within the ambit of a live-in relationship or relationship like marriage. In the given situation, if the husband of the married woman makes a complaint under Sections 494 IPC(marrying again during the lifetime of husband or wife) and 495 (concealment of former marriage from person with whom subsequent marriage is contracted) of the IPC, you both will be booked for the commission of the criminal offense and face the legal consequences. Reach out to an Advocate for guidance and steps.
It would be a crime if a married woman stays in a live-in relationship with another person without ending her previous marriage. And the person living in such a relationship with a woman will be considered a criminal offense under Section 494/495 of the IPC. In a recent judgment, the division bench of Allahabad High Court ruled that a married woman moving in with another man without divorcing her spouse cannot claim to be in a live-in relationship and seek legal sanctity later. Such a relationship does not fall within the ambit of a live-in relationship or relationship like marriage. In the given situation, if the husband of the married woman makes a complaint under Sections 494 IPC(marrying again during the lifetime of husband or wife) and 495 (concealment of former marriage from person with whom subsequent marriage is contracted) of the IPC, you both will be booked for the commission of the criminal offense and face the legal consequences. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share
A.Dear Client,
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding the presentation of the petition for divorce, the aggrieved party can seek a divorce decree from the court. The burden of proof under desertion lies on the spouse alleging the desertion and must provide sufficient evidence to support the case. If the court is satisfied as to the facts and circumstances of the case, it can grant a decree of divorce. The marriage is said to dissolved only upon the granting of the divorce decree by the competent court of law. So, in this case, it is advisable to obtain a divorce decree and then enter into a new relationship. Live-in relationship as such is legal in India and two consenting individuals can cohabit.
Hope it helps.
Thank you.
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding the presentation of the petition for divorce, the aggrieved party can seek a divorce decree from the court. The burden of proof under desertion lies on the spouse alleging the desertion and must provide sufficient evidence to support the case. If the court is satisfied as to the facts and circumstances of the case, it can grant a decree of divorce. The marriage is said to dissolved only upon the granting of the divorce decree by the competent court of law. So, in this case, it is advisable to obtain a divorce decree and then enter into a new relationship. Live-in relationship as such is legal in India and two consenting individuals can cohabit.
Hope it helps.
Thank you.
Helpful
Helpful
Share
Read Related Answers
My wife wants divorce suddenly stating the reason that she doesn’t like my behaviour after 11 years
Dear Client,
Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
My husband use to beat me badly
Dear Client,
Cruelty is a ground for divorce in India for all the religious laws. It may be physical as well as mental cruelty. So, you can file a case for being a victim of domestic violence. Accordi...
taking screenshots of spouse's phone having office chat application
Dear Client,
The screenshots of chats, and text messages can generally be admissible before the court of law but are considered as secondary evidence. It must be produced along with the phone used to...
Divorce
Dear Client,
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
Divorce certificate in Faridabad Haryana
Dear Client,
A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
