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Married Extramarital allowed relationship


08-Jan-2026 (In Divorce Law)
Q. Married, Extramarital living relationships aggreement are allowed.
Answers (3)

Answer #1
850 votes
there is nothing called extramarital living relationships agreement.(legally) Adultery is no longer a crime in India after 2018, it's not a criminal offence but still a valid ground for divorce. Entering a second marriage while the first one is valid is still a crime under section 494/495 IPC
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Advocate Nikita Rampuria

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Answer #2
581 votes
A live in relationship between consenting adults is not illegal in India. However, if one or both parties are already married, such an extramarital live-in relationship does not get legal protection and may amount to matrimonial misconduct. Any agreement for an extramarital live-in relationship has no legal enforceability and cannot override marital obligations. While adultery is no longer a criminal offence, it can be a valid ground for divorce and other matrimonial reliefs. Each case depends on its facts.
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Advocate Sudhankar Ghosh

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Answer #3
972 votes
Under Indian law, marriage creates a legally binding obligation of fidelity between spouses. Even if two adults mutually agree to an extramarital or live-in relationship while one of them is legally married, such an agreement has no legal sanctity and is not enforceable in law. Any sexual or emotional relationship outside marriage may amount to cruelty and can be a valid ground for divorce under personal laws. Further, such conduct may also expose parties to civil and criminal consequences, including claims relating to adultery-based cruelty, maintenance, and mental harassment. Legal separation or divorce must be obtained first before entering any such relationship.
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Advocate Atanu Patra

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