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Live-in relationship while divorce is pending. What are the legal implications of a live-in relation


17-Jul-2024 (In Divorce Law)
I am a woman whose divorce has been pending in court for the last 3 years. My husband is a drunkard and used to assault me. He is currently facing criminal proceedings for murder. Since he was not willing to give me a divorce by mutual consent, I filed a case. I want to enter into a live-in relationship with an already divorced man, whom I will marry after my divorce. Will a live-in relationship while my divorce is pending in India adversely affect my divorce case?
Answers (1)

Answer #1
116 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
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