Legality of Dating During Divorce Proceedings: Views from Bangalore Divorce Lawyers

 Is It Legal to Date During Divorce Proceedings? Insights from a Divorce Lawyer in Bangalore

Divorce can be an emotionally draining journey, often extending for months or even years. During this time, many people wonder: Is it legal to date while divorce proceedings are still ongoing? As a leading divorce lawyer in Bangalore, I aim to clarify this issue for those navigating such challenging circumstances.

In Bangalore, as in many urban areas, dating trends have evolved, largely due to the rise of digital platforms and changing social attitudes. As one of India's most progressive cities, Bangalore has witnessed a shift in the public’s approach to relationships, and dating apps like Tinder, Bumble, and OkCupid are widely used.

A 2015 survey published on “VICE” revealed that 42% of dating app users were either married or in the process of divorcing. Many users list themselves as single, despite being married and in the midst of divorce proceedings. This has led to instances where individuals create profiles on matrimonial apps before their divorce is even finalized, seeking new partners.

Understanding the Legal Framework

In India, divorce laws are determined by religion, with different laws for Hindus, Muslims, and Christians. These laws mainly focus on matters like marriage dissolution, alimony, and property division, but don't directly address the issue of dating during divorce. There have been judgments where a second marriage during the appeal process of a divorce was ruled valid if the appeal was not pursued, offering some clarity on this matter.

Adultery and Its Legal Consequences

Although adultery was decriminalized by the Supreme Court of India in 2018 (Joseph Shine vs. Union of India), it remains a valid ground for divorce under most personal laws. If one spouse can prove the other had an extramarital affair during the marriage, it could affect the divorce settlement, especially regarding alimony and child custody.

Dating during divorce proceedings, even if legally separated, could be seen as adultery and complicate the divorce case. As a top divorce lawyer in Bangalore, I advise caution, as such actions can lead to legal complications.

Impact on Child Custody and Alimony

The courts consider the moral conduct of both parties when determining child custody and alimony. If one parent begins a relationship before the divorce is finalized, it could be perceived as a lack of commitment to the family, potentially affecting custody arrangements. Similarly, dating may be interpreted as financial independence, which could lead to a reduced alimony award.

Societal Perception and Divorce Proceedings

In a society like India, where cultural values hold significant importance, dating during divorce may attract negative judgments from family members and the community. Though this perception doesn’t directly influence legal outcomes, it can add emotional strain and affect decisions in the divorce process.

Three Legal Tips for Those Considering Dating During Divorce:

1. Wait Until the Divorce is Finalized: The safest option is to avoid dating until the divorce is complete. This minimizes potential legal complications and allows you to focus on resolving the divorce amicably.

2. Consult Your Lawyer: Before dating, consult your divorce lawyer. An experienced lawyer will assess your situation and explain the potential consequences of dating during the divorce process.

3. Maintain Discretion: If you decide to date, be discreet. Public displays of a new relationship can be used as evidence in court, impacting custody and alimony decisions. Avoid introducing your new partner to children or mutual friends until the divorce is finalized.

Conclusion

When considering dating during divorce proceedings, it is essential to weigh personal desires with legal realities. As an experienced divorce lawyer in Bangalore, my advice is to understand the potential legal implications fully. While companionship may feel essential, securing the best possible outcome for your future should remain your priority.