live in relationship while divorce is pending.

470 votes

As per the Hindu Marriage Act, 1955 if a wife seeks divorce from her husband on the ground of desertion or cruelty, her own unchastity or extramarital affair may not have a direct impact on her chance to get a divorce from her husband. However, the husband may defend the divorce petition by showing that he was not cruel to the wife and that her own unchastity caused mental or physical cruelty to him.

As per Section 23 of the Hindu Marriage Act, 1955 the court will consider the evidence and arguments presented by both parties before deciding whether to grant the divorce or not. This means that the court will take into consideration not only the grounds for divorce, but also the conduct of the parties, the reasons for the separation, and any other relevant factors before deciding whether to grant or refuse the divorce. If the court is of the opinion that granting a divorce would be unjust or inequitable, it may refuse to grant the decree of divorce, even if the grounds for divorce have been established.

LawRato LawRato

613 votes

Madam. Please let me know under what grounds you have filed case for divorce. Have you claimed any maintenance from your husband. See if you want to live with somebody else before divorce then it could effect your divorce to an extent. For more details you can contact us.
Thanks and Regards

Advocate Bharat Agarwal LawRato

762 votes

yes, untill you get divorce, you can enter into any such relationship and in your case it will go against you if the husband proves it that you are living in live in relationship. so if you want to live in such relationship its better to hide it from evryone. however it becomes very tough to prove such relationship in the court.

Advocate Udit Bansal LawRato

809 votes

you are women whose divorce case is pending in Court for last 3 years. your husband is a drinker and was used to assault you. he is under criminal proceedings of murder he was not ready to give me divorce by divorce by mutual consent you are living in relation with a divorced man wm

Advocate Vivek Mishra LawRato

446 votes

In India, living in a relationship while a divorce is pending is legally permissible. There is no specific law that prohibits individuals from entering into a live-in relationship while their divorce case is ongoing. A live-in relationship is a personal choice, and it does not affect the divorce proceedings directly.
However, it's essential to consider a few key points:

1. Legal Status of Live-in Relationships: While live-in relationships are not illegal in India, they do not have the same legal recognition as marriage. They are considered as relationships in the nature of marriage, and partners may have certain rights and obligations similar to married couples.
2. Child Custody and Maintenance: If there are children involved in the divorce proceedings, the court will consider their welfare. The living arrangements and the impact on the children's upbringing may be a factor in child custody and maintenance decisions. 
3. Adultery: Adultery can be a ground for divorce in India. If a spouse engages in an extramarital affair while the divorce case is ongoing, it may have implications for the divorce proceedings, including alimony and property division.

Advocate Chikirsha Mohanty LawRato

438 votes

If you have a spouse who has not divorced you yet, you cannot legally live with anyone else. She can file a police report if she feels that you have committed adultery, which is punishable by jail time.

Advocate Chikirsha Mohanty LawRato