living together before divorce


My daughter is awaiting divorce from family court.proposals are there for second marriage.as divorce is not ordered at present can she think of living together?

Answers (3)


62 votes

If the divorce proceeding is contested one, then i suggest NO. but if the proceedings are mutual and already compromised then you can go ahead. But advisable in both cases to wait for proceedings to come to an end first.


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83 votes

Dear Sir,
In the recent judgments of the Hon'ble Supreme Court, it has been stated that a live in relationships is in the nature of a relationship of marriage between a man and woman. If man and woman are residing together they will be deemed to get married in the future sometime and deemed to stay together as husband and wife.
Therefore, as per Hindu Marriage Act, one cannot marry during subsistence of a marriage. It will result into bigamy and adultery.
I would advise against it. the opposite lawyer will always take a plea of adultery and try and turn the odds in his favour.
Although even if you are carrying on with the relationship then i advise you to keep it behind curtains and not let the society know.

Thank You
Advocate Mudita Sharda


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53 votes

Living together does not change your legal marital status. As long your daughter is not re-marrying before grant of divorce from the court, she is not doing anything illegal, hence, she can proceed with the same.

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