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living together before divorce


16-Sep-2023 (In Divorce Law)

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 (6)

Answer #1
639 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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Advocate Mishika Singh

Adv. Mishika Singh

LawRato Delhi | 5+ Answers
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Answer #2
643 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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Advocate Mudita Sharda

Adv. Mudita Sharda

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Answer #3
744 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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Advocate Vikas Padora

Adv. Vikas Padora

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Answer #4
683 votes
As you state you have divorced you can marry however for the girl she need to obtain divorce and can marry only after divorce. And if the girls and her husband both are ready then can divorce in shortest period of time it don't take years and after that you can marry. But before divorce no chance.
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Advocate Rakesh Tiwari

Adv. Rakesh Tiwari

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Answer #5
915 votes
You both can do one thing. If you both want's to live together have relationship but don't marry. If she will be with you in relationship automatically her ex husband will not be willing to go further and he will be get ready to convert Petition on mutual terms. But as Hindu unless she get decree you both can't be legally husband and wife.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

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Answer #6
616 votes
No you both can't. You are eligible for marriage but the women awaiting divorce decree is illegible and by remarrying will constitute an offence under criminal code. You have to wait for her anullment of marriage and further appeal period and later till appeal ur filed is disposed off.
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Advocate Amarendra Sinha

Adv. Amarendra Sinha

LawRatoMumbai | 25+ Answers
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