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Can a Married Man Live with Another Woman Without Divorce in India?


14-Jun-2024 (In Divorce Law)
Can a married man live in a relationship with an unmarried woman? Is it considered a criminal offense under Indian law? What legal actions can a wife take if her husband starts a live-in relationship before divorce?
Answers (4)

Answer #1
273 votes

In India, a married man can live with an unmarried woman, but there's a big fat asterisk on that.

It's not illegal, because the Supreme Court has decriminalized adultery (Section 497 of the IPC was struck down in 2018). That means a man can't be jailed just for having a relationship outside marriage.

BUT..

It can have serious legal consequences in civil court especially if the wife decides to file for divorce. Adultery is still a valid ground for divorce under Hindu Marriage Act and other personal laws. So while he won't go to jail, he might get served with papers.

Also, the live-in relationship won't be considered a valid marriage, and the other woman may not have automatic legal rights like inheritance, maintenance, or spousal benefits unless she can prove it was a long-term, stable partnership, and even then it's tricky.

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Answer #2
860 votes
Hi, live-in relationships are legally accepted only for unmarried couples. If a married man lives with another woman, it is considered adultery. Though adultery is no longer a criminal offense in India, it is still a valid ground for divorce. Your wife can file for divorce on the grounds of mental cruelty and adultery.
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Answer #3
617 votes
A married man having an extramarital affair or living with another woman is considered morally wrong but not legally punishable. However, his wife can take legal action by filing a case under the Domestic Violence Act or seeking a divorce on the grounds of adultery and mental cruelty.
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Answer #4
746 votes
A married man living with an unmarried woman does not amount to adultery under Indian law. However, his wife can file for divorce on the grounds of mental cruelty due to his actions.

For further legal guidance, feel free to reach out. Thank you!
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