Marriage while Divorce appeal is pending in High court.

I came to India from USA in 2014 October and My wife didn't join me in India. I did wait for 1 year and filed for Divorce in October 2015 and Lower court granted Divorce in 2018 October. But they did appeal in HIgh court and got the stay order on Divorce decree( 9RDER: The respondent is directed not to remarry during the pendency of this appeal) and the appeal is pending in Telangana High court since 2019 . I am in living relationship with other woman and We have a kid. Recently, they filed contempt of the court in Telangana High court. We have been living separately since 2014 October( She is in USA and Citizen of USA and I am living in India and Indian Citizenship). Having a kid in living relationship comes under marriage? They hired detective and got the photos while we are travelling and I also hired detective in USA and got the videos that she is living with another person.

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Advocate By LEAD INDIA Answered: 22 Feb 2023

Hello sir,

Adultery is now no more a criminal offence it's only the ground for the divorce and therefore on those grounds  the partner can give  the divorce to other partner and the kids  born out of the livin relationship is the legitimate child and has all the rights over the child, to know more in detail, please call onour helpline number 

thank you 

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