Can I have a live-in relationship with my girlfriend without divorce
18-Mar-2023 (In Divorce Law)
Yes, you can have a live-in relationship with your girlfriend without getting a divorce. In India, there are no specific laws that prohibit adults from entering into a live-in relationship. The Supreme Court of India has recognized the live-in relationship between consenting adults as permissible and protected under the right to life enshrined in Article 21 of the Constitution of India. It has accorded certain rights and protections to individuals involved in such relationships. In a recent Punjab and Haryana High Court decision, it was held that a live-in relationship between two consenting adults, regardless of their marital status, is not illegal placing reliance on the decriminalisation of the offence of adultery by the Supreme Court in 2018.
However, it's worthwhile to note that legal rights and obligations in a live-in relationship differ from those in a marriage. In a live-in relationship, there is no legal framework for property rights, inheritance, or financial support that is automatically granted as it would be in a marriage. Each partner's rights and obligations may be determined by factors such as individual agreements, mutual understanding, or relevant laws such as the Protection of Women from Domestic Violence Act, 2005.
If a married person enters into a live-in relationship with someone other than their spouse, it may be viewed as a breach of marital obligations and can have fallouts such as it being a ground for divorce and rendering the adulterous spouse ineligible to claim maintenance. The act of engaging in a live-in relationship while being married is still seen as a moral or ethical concern by some individuals or communities.
Moreover, if a person enters into a live-in relationship while their marriage is still subsisting, it could potentially attract legal consequences under certain circumstances. If going further, a person marries their live-in partner during the subsistence of their first marriage, it can be considered bigamy, which is an offence under Section 494 of the Indian Penal Code (IPC) and their spouse from the first marriage may initiate criminal proceedings against them.
How do I get out of my marriage without divorce?
Is it legal to live separately without divorce?
Can a married person live-in relationship with another woman?
As per Hindu Law a married person cannot have extra marital relationship with any other person except with other spouse. If you want to lead life with your girl friend you must file a petition for divorce. After enquiry Court will grant will you divorce. You have stated that your wife has been living separately for nearly 2 years. It is one of the grounds for getting divorce. Even if your wife is not willing to give divorce you may try to get divorce by filing a petition in a Court of Law by projecting your case by engaging an expert advocate who deals with cases of filing petitions for grant of divorce. Without obtaining divorce you cannot lead matrimonial life with another woman. It amounts to offence and your wife will file a criminal case against you for bigamy. First of all you must file a petition for grant of order of divorce in a competent court of law.
First try to clear the difference in between your wife and yourself if still the things are not coming to some amicable settlement then you can apply for the divorce , if you have not then you apply for the same as on the ground of not having the married matrimonial life . Second thing is that you can live in with your friend as their is no prohibition in staying along . Don't get into depression and end your life , you can help you friend also as she doesn't have her family . Many things but depends on the facts and circumstances
- Legal Validity: Live-in relationships are legal in India. The Supreme Court of India has recognized live-in relationships as a legitimate form of cohabitation, and they hold legal validity even if the individuals involved are married to other partners.
- No Divorce Required: There is no legal requirement to get a divorce from a previous spouse to engage in a live-in relationship with someone else, however that may have legal repurcussions on the divorce when it comes to decisions of the court regarding maintenance, child custody etc. It may also show your side negatuvely.
- Punishment: There is no specific punishment for being in a live-in relationship without obtaining a divorce from a previous spouse. However, issues related to bigamy or adultery may arise if a person is legally married to someone else and enters into a live-in relationship with another person. These issues are governed by separate provisions of law.
- Legal Safeguards: While live-in relationships are legally recognized, it is advisable for couples to have a written agreement or cohabitation agreement to clarify their rights and responsibilities.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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