• Divorce

I want to get married to a woman and she is already married. She is living separately from his husband for over a year and half. She is poor an unable to spend for divorce. At the same time, her husband is delaying to file divorce and return the gold of her. She has no one with her. She lives in pg and does a job. She has been treated very badly by her husband and her own brother also.. Please suggest what steps i can take as i am in a different state and she is in a different state. 1. Can we live as live in? 2. Since she is separated frm her husband for a long time, is there any law that nullify the marriage and does not need divorce because her husband does not want she live peacefully?
Asked 7 years ago in Civil Law

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5 Answers

1. Unless she obtains a decree of divorce from her husband she cannot remarry. Remarriage without obtaining divorce is bigamy which carries an imprisonment of 7 years on a successful penal prosecution.

2. If you have a live in with her you will be liable for criminal prosecution for the offence of adultery.

3. Divorce is inescapable regardless of the duration of separation if she wants to remarry.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term.second marriage during subsistence of earlier marriage is null and void .

So the better solution is to file a divorce case.Try for Divorce by Mutual Consent It is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months.

Ajay N S
Advocate, Ernakulam
4079 Answers
111 Consultations

5.0 on 5.0

wife should file for divorce from her husband on grounds of mental cruelty

2) she cnanot stay with you during subsistence of her marriage

3) her husband will file case against you for adultery under section 497 of IPC

4) there is no such law that nullifies marriages .

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

you can advance money to the lady to file for divorce from her husband

2) further she can avail free legal aid services and file for divorce

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Living in which entail sexual relationship with a ,married lady is criminal offence u/s 497 IPC. So decide judiciously.

2. Any number of years of separation does not annul a marriage or gives automatic divorce.

Since contested divorce suit takes time I would advise you to make the husband go for mutual divorce which takes not more than 6 months of time.

Do note if mutual divorce does not take place then you will have to time till the acrimonious divorce comes to an end which is around 5-6 years roughly.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

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