I am not divorced but in a live-in relationship, is that illegal?
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Hi Anjali ji, I am 32 years old and married 5 years ago. Currently I am seperated from my wife but didnt took any steps for divorce. Recently I met my old friend, she is not married and decided to get into a live-in relationship and now liveing together. Now my question is whether it will lead to any complications with my current wife as I have not applied for divorce as for now.
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see if you are legally seperated with your wife , then you have nothing to worry about you can indulge with someone if you and your wife are legally seperated , but if you are not legally seperated and just living apart , this can be counted as adultery, and also if you are legally seperated it is okay to have an affair but you cant make anything of that relationship untill you get divorced , it would not count as a live in relationship in the eyes of law, it would jus be an affair.
so my advice for you would be file the legal papers as soon as possible , or if you plan to reconcile your differences with your wife do it also in other words make a decision and start unwinding your life , it could be meesy for a while but it is important if you and and your wife want to move on in life.
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If your wife gets a smell of what you’re doing, she might claim that you’re cheating on her with another woman and are in a live-in relationship and claim for a divorce where in you cannot plead your case, because there is no escaping the law here. According to the Indian Penal Code, IPC sec.497, the punishment for adultery is imprisonment up to 5yrs. Therefore, men planning to indulge in sexual congress outside of marriage are urged to consider the following:
a) It is only adultery if the said congress occurs with a married woman, without the permission of the husband. Hence, in order to avoid a jail sentence, it’s better to take written consent from him. This makes it legal.
b) It is not adultery if a married man has congress with an unmarried woman or a widow. In such cases, no penalty applies.
c) In case the matter is urgent, and it becomes essential to have sex with a married woman, try to make sure that the said sex is non-consensual. This does not qualify as adultery.
The law is clear with this, but one has to note that under the IPC a woman cannot be prosecuted for adultery, so even if there is proof that the woman has cheated, she isn’t eligible for any punishment.
However since you’re in relationship with a single woman, you would surely escape the punishment, but why do you want to delay the inevitable? You and your wife aren’t happy with each other, so call it a day and take a divorce; in fact when the divorce is mutual, the proceedings would happen fast and you can get involved with the woman you love/like. You’re separated already, but why din’t you initiate the divorce proceedings all this while? I wouldn’t say it would get too bad, but there can be certain complications, so apply for a divorce.
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I know friend giving divorce is not that easy. We people can easily say go for a divorce, but for a male it isnt so easy. I know some financial dispute must there, if she isnt working and a house wife you got to pay her expense monthly even after divorce.
Anyhow you can deal with it if there is some sot of financial dispute accordingly when time permits. You can get into a live in relationship with your old friend. But remeber dont get registered anywhere. I have cousin and he did the same, still his divorce petition is pending after 3 years of sepration and he is boldly in a live in with his ex school mate and his wife is aware of it. In a live in relationship it becomes almost impossible to prove that the couple had commited adultery
If your wife does not give for her consent after 3 years of sepration you can apply for divorce. I hope you do not have kids with your wife, if you have in that case another financial burden of your kids will be on your head till they start earning on their own. And the most worst will the mental impact on them.
Sometimes things dont work and we realize we are in a mess too late. But thats life, pray for the best friend and apply for divorce as soon as you can, take help from some relatives and friends get rid of this hanging sword.
wish you luck and a happy future.