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UA friend of mine was introduced to a man who was in the process of his divorce. The divorce proceedings have been going on since two years (the case is in favor of the guy) but the opposite party doesn’t show up for hearings on purpose which results in new dates every time. The opposite party is also demanding an exorbitant amount to settle which is not possible. So it looks like there is no end in sight.
My friend and the guy have gotten attached over time and have made up their mind to spend their lives together. Unfortunately due to the pending divorce, they cannot legally marry. They also don’t want to put their lives on hold till the divorce happens (which may not happen anytime soon).
What legal options are available in such a situation? Would it be illegal for them to live together like a live-in relationship? Can that impact the divorce preceedings?
Any help is appreciated.
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QEither breakup and seek expeditious deposition of the divorce proceedings.
You should also specify here, what kind of divorce is it? Under which act?
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UThe divorce is under Section 13 1A of Hindu Marriage Act. They agreed to a mutual divorce but disagree on the settlement amount.
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QI think it’s better to negotiate with his current wife and find a agreeable terms.
Suggestion for your friend, just be cautious, don’t rush with anything until this guy gets divorce officially.
If he and his wife, agree to revoke divorce(happens regularly), your friend will be screwed. Good luck.
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UThere is no scope of revoking the divorce they hate each other’s guts. Worse case my friend and the guy will live together for life without legally getting married.
Multiple negotiations have already happened (when they were on talking terms) but the lady wants a huge sum to settle which is not financially possible. Now the lady doesn’t show up for hearings and the court doesn’t penalize them… just gives a different date.
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FThey can marry without informing anyone. One of my known did this. Now, he got divorce and they also have one child.
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ADivorce will take it’s own time. You can rush the courts.
Why do they even need the label of marriage? They can live together. Who can stop them?
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DI’m handling a very similar case. Thankfully, we were able to expedite the matter by using certain strategies and the client is at the stage of final arguments now. May be the lawyer needs to heavily object to their dilatory tactics and have the judge pass strict directions against them with respect to their non appearance. Appoint a local commissioner for recording of evidence instead of conducting trial before the court. In divorce matters, every hearing needs strategy because the vengeful party will always delay the matter, especially if they know that the other party wants to move on.
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SHey, I can completely understand how emotionally exhausting this situation must be for your friend—and for the man stuck in the middle of a divorce that seems to have no end in sight. It’s heartbreaking when legal battles prevent two people from simply moving on and starting a peaceful life together.
To answer your question: No, it is not illegal in India for two consenting adults to live together in a live-in relationship, even if one of them is going through a pending divorce. The Supreme Court has time and again upheld the right of consenting adults to cohabit, irrespective of their marital status. However, while it may not be illegal, the other party in the divorce case may attempt to use it to create emotional or legal drama—though in most cases, this doesn’t hold much weight legally.
The key is navigating this carefully and strategically. If the man’s ex is deliberately delaying hearings and making unreasonable demands, legal recourse is very much available. Courts do take note of such conduct and it can strengthen your friend’s position. But for that, every step forward needs to be precise and legally sound.
This is where proper legal strategy matters the most. I’ve helped clients in similar situations—where they were emotionally and legally stuck—break out of this deadlock with proper case management and targeted action to push things forward. If your friend feels stuck and unsure of how to proceed, I’d be glad to guide them personally and help get things moving faster and more effectively.
Tell your friend not to lose hope—there’s a way forward, and I’d be happy to help them find it.
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