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Live-in relation with another woman with the permission of the spouse


15-Sep-2023 (In Divorce Law)
Dear Sir/Madam I am a Hindu male (51 years) and a central govt employee married for 20 years. I want to have a live in relationship with another woman without divorce my spouse and with the consent of both. Is it possible if my spouse has no objection? Is there any document like 'draft of separation agreement between a husband and wife'? Is there any legal bearing in this kind of relationship? I am ready to take care of both of them and children. Will it invite any disciplinary proceedings against me from the department if there are no complaints from any of them? Please advise me. 
Answers (3)

Answer #1
595 votes
There is no specific law on the subject of live in relationships in India. There is no legislation to define the rights and obligations of the parties to a live in relationships, the status of children born to such couples. Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard.if husband has been having a live in relationship with the lady his wife can file complaint of adultery against him under section 497 of IPC punishable with imprisonment upto 5 years . Live in relationship may be immoral in the eyes of the conservative Indian society but it is not “illegal” in the eyes of law. But if you live like the above relation with out divorce of first wife is illegal. beacuse the Supreme Court ruled out that couples living in live-in-relationships will be presumed legally married.

So any time can expect a disciplinary action,if the police take a FIR on the complaint of First wife.

Answer #2
614 votes
Your query unethical. Bigamy in case of central government employee invites disciplinary action. If such an action, take place, the alleged live-in relationship may not be an adequate defence. In a departmental proceedings, absolute proof is not required.
Answer #3
710 votes
Since you belong to Hindu family, Hindu Marriage Act is applicable to you. Here it is to be noted that bigamy is not allowed in Hindu Law. External Relationship has no legal entity. You cannot make any document as you inquired.

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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