Is it legal to enter into live in relationship during the divorce proceedings?

I am going through divorce. Is it legal to enter into live in relationship during the process? I did find varying reply on the subject in connection with IPC 495/496. I do understand it could be used as adulterous relationship which could be ground for divorce which anyhow I am looking for. As per BNS, can criminal charges be booked.

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 02 Dec 2024

Live-in relationships are not illegal in India, and therefore, entering a live-in relationship during divorce proceedings is legal. However, such a relationship might be interpreted as adulterous, which could potentially affect your divorce case and claims for alimony. Under IPC Sections 495 and 496, criminal charges may arise if the relationship is based on deceitful promises of marriage. Even though live-in relationships cannot be termed as marriages under the law for the intention of divorce, one still needs to consult a family lawyer who can guide through this changing phase and preserve all rights.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 02 Dec 2024

In India, entering into a live-in relationship during divorce proceedings is legal because live-in relationships are not illegal. However, such a relationship could be interpreted as adulterous, which might affect your divorce case. Under IPC Sections 495 and 496, if you were misled into a relationship based on false promises of marriage, there could be grounds for criminal charges against the other party. But such assertions must be supported by considerable evidence. Consulting a family law attorney will help point out your rights as well as the implications associated with entering a new relationship during your divorce process.

Admin
Advocate By LEAD INDIA Answered: 19 Sep 2024

 Sir, there is no specific law in India that prohibits entering into a live–in relationship while divorce process is ongoing so it is advised to consult an expert lawyer who will advise you based on your specific situation. For further legal assistance contact us on our helpline number.

 

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