Live in relationship without a divorce
Myself 38 yrs old man (Hindu) originally from Mumbai, currently settled in Bangalore. I was married in 1992 in Mumbai. My wife left her matrimonial home in September 2010 on her own will. We have a son who is 10yrs old and stays with my wife. After inconclusive contesting over matrimonial suite & 2 other associated cases for 2 years, we ultimately filed mutual divorce in January'2011 final hearing for which was due on 15th July'12. But my wife did not turn up on the same date and also skipped the consecutive date on which it was rescheduled, without assigning any reason. We have no idea till when she would keep us harassing this way. I am suffering from severe depression & immense mental agony resulting out of this. Under this circumstance, I have been approached by one of my dear friends who is a single lady (legally divorced) and wants to get into a live in relation with me. My parents and all other elders in my family like her a lot and have been insisting me to settle down with her in a live-in relationship ASAP, which may be consummated to a marriage in due course whenever I am legally free after divorce.
My queries are as follows - 1. Whether a live-in relationship is legally permissible for my case when my mutual divorce petition is still pending? 2. Can my wife take any legal actions against me if she comes to know about my live-in relationship? 3. What legal precautions I should take to save myself from any likely legal harassment from my wife? 4. Can I marry my friend in temple (without registering) before my mutual divorce petition gets over?
Since you are not divorce as yet, you can not enter into any live in relationship with anyone. Yes, she can file case against you u/s 498A IPC. Either keep this secret from her or wait till you get divorce. You can, but the same shall have no legal status and she will never be considered as your legally wedded wife. The children begotten by both of you will however be able to inherit you. Do not rush things to such extent where you can not control. Better negotiate with her and convince her to give mutual divorce.
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