Last 9 years i am in a relationship. he is married then. but their marriage is impossible to recover. he want divorce but his wife continuously threat to him. for the last 9 years we are living like a husband and wife and also working together. our all associates known us as husband and wife. last year i marry to him at a temple and i become pregnant. but i miscarry at the period of two month. at this time i very much need of my husband. he want to stay with me but his first wife determine not to get the divorce. her decision spoils three life at a time. he is getting mentally tortured every time. he is the only child of his parents. how could i solve this problem?
Asked 3 years ago in Family Law from Kolkata, West Bengal
If his wife is not willing to give him divorce then the only way forward for him is to file contested divorce on the ground of mental harassment, meaning thereby that his wife will contest the divorce case filed by him.
you cannot solve your lover problems . he has to file for divorce even if wife opposes it . contested divorces take some years to be disposed of . had your lover taken step 9 years back when he met you and started living with you as husband and wife by now some decision would have materalised . please note that his wife can file case of adultery against your lover( her husband) if she comes to know of the relationship .
If your husband is sure that he needs a divorce from his first wife, then He needs to file a divorce petition in the Court and contest it. This process usually takes time unlike mutual consent divorce which takes place in an year time. Please Note that even if you have married him in a temple, that will not legalise your marriage with him. Indian Law does not accept this wedding when the first wife is also legally wedded to him. There are chances that an case of adultery, mental harrassment and cruelty be also filed by the wife against him.
dear client as adviced earlier your marriage in temple is of no use. only way left is he should get divorce from his wife first then only he can marry u. no problem he has to file contested divorce
Advocate, Greater Noida
With above details. pl check if he is really interested in leaving his earlier wife,I am in a doubt.If you are sure that he wants to go ahead,move further or else don't befool yourself further.
Advocate, New Delhi
Hi, if first wife did not agree for the divorce it is difficult for him to get divorce and secondly whether your husband has intimated your relationship to her if so he will be in trouble she has to file complaint before the police for adultery and if a person married a women if first wife is there and he did not get divorce he will be on trouble.