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Is living relationship loyal ?
13-Mar-2026 (In Divorce Law)
I am a 45 years lady.awaiting divorcee.seperated frommy husband till 3 years.now I live with my boyfriend in my uncle flat.is it legal or not?
In India, a live-in relationship between two consenting adults is not illegal. Courts including the Supreme Court of India have repeatedly held that two adults can live together without marriage if they choose.
Cases like Indra Sarma v. V.K.V. Sarma recognized that live-in relationships between adults are permissible.
Since you are:
45 years old (major)
living voluntarily
separated from your husband
there is no criminal offence merely for living with your boyfriend.
However, legally you are still a married woman until the divorce decree is granted by the court.
Implications:
Your husband cannot file bigamy (because you did not marry again).
But he may use the live-in relationship as evidence of adultery in the divorce case.
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Adv. Shubham Agarwal
Adv. Shubham Agarwal
Howrah | 50+ Answers
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the status you have stated comes under the category of Adultery. since your divorce is yet to be granted, any relationship out of the marriage is under this category. Now, in recent judicial development, adultery has ceased to be a criminal offence and there is no punishment for the same. however, the same is still a ground of divorce and your husband can take that additional ground against you in the divorce proceeding.
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Adv. Ritam Banerjee
Adv. Ritam Banerjee
Barasat | 50+ Answers
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Since you are living separately from your husband and the divorce case is still pending, living with another adult by mutual consent is generally not illegal. However, as the divorce is not yet finalized, your husband may raise this issue in the divorce proceedings. Therefore, it is advisable to consult your lawyer regarding any possible impact on your case.
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Adv. Aminuddin Khan
Adv. Aminuddin Khan
Kolkata | 25+ Answers
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Your situation needs to be understood from both a legal and practical perspective.
As per Indian law, living in a live-in relationship between consenting adults is not illegal, even if divorce is still pending. Courts have recognized live-in relationships under certain circumstances. Therefore, merely residing with your boyfriend is not a criminal offence.
However, since you are still legally married, your husband may raise allegations of adultery or misconduct in the pending divorce proceedings. While adultery is no longer a criminal offence, it can still have implications in matrimonial cases—especially on issues like maintenance, alimony, or the outcome of the divorce petition.
Also, if your husband produces evidence of your live-in relationship, it may be used against you depending on the facts of your case.
I would advise you to proceed cautiously and ensure that your legal strategy in the divorce case is aligned with your current living situation. It is important to protect your rights regarding maintenance, residence, and final settlement.
A detailed consultation and proper handling of your divorce case can significantly safeguard your interests and help you move forward legally without complications.
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Adv. Atanu Patra
Adv. Atanu Patra
Kolkata | 50+ Answers
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Hello.
Well it is not legal if you have obtained a Decree and Court order for Divorce. If a divorce Suit is pending your such habilitation may cause legal benefit for your husband.
Thank you.
To know more kindly approach me chamber or Court chamber
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Adv. Dipayan Dutta
Adv. Dipayan Dutta
Siliguri | 25+ Answers
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