Consequences of having a live-in relation while case is already going

979 votes

Dear client, Its depend upon u what u want as u say that Domestic Violence Act and Section 498A has been filed by ur wife against u and ur family.Dear client its is not clear who filled the divorce case if u filed the divorce case than in that case it is very difficult that u can stay with ur unmarried GF in living relationship.Your wife can filed a compalint against u and ur girlfriend in the police station.Dear client if ur wife bring evidence that u are staying with some other girl and i.e. u wanted divorce from her in that case also it will effect ur case also .Dear client pls contact me if u have any clarification and I m happy to help u.

Advocate Mudassar Khan LawRato

516 votes

Living relationship will give no legal status to you n your girl friend even if you two get married until you get divorce from your existing marriage. I will suggest you not to further complicate your already troublesome personal life. Initially it seems difficult but with the help of counselings at Family Court n meetings with your wife n her lawyer can pave some way

Advocate Reena Singh LawRato

889 votes

Till the time a divorce decree has not been granted , in the eyes of law you are still a married person and can not contact second marriage while your first marriage subsists . Any children you have outside your marriage will be considered illegitimate and also indulgence with any other women will only strengthen your wife's case against you . Kindly wait you have your divorce decree in your hand .

Advocate Manju Jaglan LawRato

958 votes

In your case, important fact is that whether the woman with whom you are having an affair is married or unmarried. If the married men is having affair with another married women then he is guilty of offence of Adultery and can be punished with imprisonment upto 5 years or fine or both under Section 497 of The Indian Penal Code. If the husband is having an affair with an unmarried woman (as in your case), then the wife of the married men i.e. your wife can file divorce on the ground of cruelty (mental cruelty). However, it is to be noted that the divorce can be taken by the wife in both the circumstances as the Hindu Marriage Act provide both adultery and cruelty as a ground of divorce under Section 13. Since, your wife has already filed the divorce proceedings against you, she can alter or amend the same to insert the new facts of having extra marital affairs by you. Thus, there are different provisions under Indian Penal Code and Hindu Marriage Act which provides for various punishment to be awarded to the married man having an affair. The important thing is that criminal complaint of adultery cannot be filed if the affair is with unmarried women and the wife of the person having affair cannot file a criminal case. Best option available with you, firstly get divorce from your legally wedded wife and thereafter you may get remarry with so called girl. It is point to be noted that if the girl, with whom you are living, some disputes arose between you and her, she can move a criminal complaint under Section 420/406 IPC against you since you are a married person and didn't get divorce from your legally wedded wife.

Advocate Yogesh Gaur LawRato

502 votes

Hello, If you are in a live-in relationship then you should be careful as your wife shouldn't have the details of your partner and the place where you are living. You shouldn't trust your live in partner blindly. Remember that once you trusted your wife and married her and later she started screwing your happiness. Such relation (live-in) should be avoided until all disputes with your wife are settled.

Advocate Tarun Sharma LawRato