Is it bad to see my friend who has filed for divorce, (not mutual) I regularly speak to her and send texts too, is it going to be bad for her and me. What kind of implications will this have on her divorce process. What kind of precautions she should take while under divorce. Please advise.
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you can be friends with her , talk to her and send messages be discreet
2) however if you are having an extra marital affair you should be careful not to check in any hotel room with her
3) her husband if he gathers evidenc e of your extra marital affair will file criminal complaint of adultery against you under section 497 of IPC as you had sex with her without his consent
1. Aper son can always keepsoicla contact with his/her friends .thaere is not hamr in it.
2. Howeevr if a married person keeps romantic relationship then the marriage become s at stake.
3.So if she is your friend then make normal communications and not a personal one.
4. For this no precaution is required. if she indulges in adultery then only she requires precaution.
Thanks for the response. (2 Ans) I have no intention to take my relationship with my friend that way(no extra marital affair), but I will marry her after her divorce is complete. We have this on ours minds since we started texting and talking from the month of May this year. Before May we were never in contact personally (met only in friends group) due to her marital status, will this serve as evidence in our favour or will this be trouble for her?
Np, this much of your relationship would not hamper her divorce suit. Hower you better keep safe distance from her till she manages to get divorce.
Ask her to seek mutual divorce from her husband if he is also willing.
merely meeting your frind in social gatherings is no offence
2) since you do not plan to have any physical relationship with your married friend it would not cause any problems in the pending divorce petition
Getting a divorce decree is not easy.Divorce is not favored or encouraged, and is permitted only for grave reasons.
First she get a decree of divorce then you can marry her.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, should your wife lodges complaint against you in this regard.
Mere texting is not a crime.At the casual dating end, people just go out and get a coffee with someone because they find them fun, interesting, challenging etc and there are no expectations and no pressure.
Dating is a stage of romantic or sexual relationships in humans whereby two or more people meet socially, possibly as friends or with the aim of each assessing the other's suitability as a prospective partner in a more committed intimate relationship or marriage.
Within the meaning of section 12 of the Hindu Marriage Act,1955 the Supreme court in case of Suman Kapur V.Sudir Kapur, AIR 2009 SC 589 ruled that remarriage by party not to be done before expiry of period for filing petition against decree of divorce.
So you have to wait till appeal time.
Though you and your fried had good understating and healthy views, it will be risky to date or frequent meetings. If your fried got any evidence about your dating or other he will produce before court alleging the extra marital affair which can be adversely effect on your fried case. Better wait until your fried get divorced through court of law. If the other party ( your friend's husband) sense or got any clue regarding your corresponding i.e., sms, social media etc., that can be also prove negative impact on your fried's case.
No meeting in fried group not trouble for her.
Your relationship and friendship with her is nothing to with her divorce process.
This is a different subject to her.
This will not hamper her divorce process in any maner until she is objecting to it.
There is nothing wrong in it if you are in your limits.
Your friendship to her if being maintained to a limited level may not cause any problem to he divorce process.
Very particularly you should not roam in public places together and allow yourselves to be watched by others becasue this may cause frustrations to him and he may resort to lodge a criminal complaint agaisnt you for the adultery offences.
Dating during divorce is not a crime. If, however, her husband gets evidence that you have extra marital affair with her then he may launch your criminal prosecution for the offence of adultery which carries an imprisonment of up to 5 years. So better be patient till she gets divorce.
