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Live in relationship but seperated
08-Sep-2025 (In Divorce Law)
Hello,
Can either party in a live in relationship for more than 6-7 yrs, also having a child, but now living seperately for more than 2-3 years, can either parties can marry, without informing or consent of other party ?
Regards,
if you have obtained a divorce from the court then you don't have to inform anyone but if you haven't obtained a divorce then first you will have to obtain a mutual consent divorce or contested divorce from the concerned court and after that you can remarry. if you do not obtained divorce then your new marriage will not be considered in law because your old married was never had an official documentary end to it.
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Adv. Vivek Vilas Sable
Adv. Vivek Vilas Sable
Pune | 25+ Answers
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hello,
Yes, couples in a live-in relationship can marry anyone else legally without any boundation, restriction to marry the same person you are having a live-in relationship with, legally yes, ethically wrong,
you either of the couple can file for maintenance for the child if involved,
As a woman a domestic violence case can be filed for mental harassment and cheating.
a civil suit against the other partner and the partner's new love interest.
and claim in the partner's property if it is bought together through another civil case.
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Adv. Moksh Jain
Adv. Moksh Jain
Mumbai | 100+ Answers
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Since a live-in relationship is not a legally recognised marriage under Indian law, either party is free to marry another person without needing consent of the other, provided neither is already legally married to someone else. The existence of a child does not create a legal bar to marriage, though it gives rise to rights and obligations such as custody and maintenance. If custody or support issues arise, they can be addressed separately through appropriate legal proceedings.
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Adv. Mrunmayi Kotawadekar
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Without the consent of other party, how you can marry? It will be illegal as per the law. If you do it by force, undue influence, coercion, etc. Marriage needs to be done reciprocally. It is not only a Contract in India, but a sacred Union of families, not mere of Husband and Wife.
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Children Born from Live-in
Children are considered legitimate and have inheritance rights in the parents' property.
4. Property & Financial Rights
You do not automatically get rights in your partner's property (unlike a legal spouse).
But if you contributed (money, effort) in acquiring property, you may claim a share by proving contribution.
Remedies After Separation
File a case under DV Act residence, and protection. ← for maintenance,
File maintenance claim under CrPC Sec. 125
(some courts allow✓ relationship was like marriage).
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Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
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