• False case by wife & live in

My wife left my home in May 2017
After tat she filed 498a, crpc 125 & domestic violence cases 
Court has ordered to pay 15k interim monthly maintenance 
Other cases are pending & there is no proceeding ahead 

A) Is there any case i can file from my side to get divorce ? 
B) I have found other life partner. Does it cause any problem in any case if I live in with my new partner ?
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

1) you can have live  in relationship with another girl but be discreet 

 

2) file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

1. You can file divorce case on ground of cruelty against your wife but in my view you should wait till the cases are decided and on ground that she filed false cases upon you you can take divorce.

2. There is no issue in live in relationship.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 you should not file divorce now. It will be a wrong step and she will have an advantage for her case. You have to better contest the case she filed and prove her guilty and if you both decide to separate then divorce will be allowed or you both can mutually sort out your problems and file mutual consent divorce that would be much better.

Your live-in-relationship with your other partner may adversely affect your Divorce case which you have filing against your wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) If the order has been passed against you to pay maintenance 15k per month.

 

2) If you marry to a girl it will call as void marriage but not valid like first marriage so first you need to get divorce.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

A. You can file for divorce on grounds of cruelty by wife which is a valid ground for divorce under section 13 of Hindu Marriage Act.

 

B. No. Your wife can just seek divorce on grounds of adultery if you live in with some other girl and nothing else.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Hi,

It is suggested that you defend the cases strongly and get final order in your favour. At this stage, the fact of new partner and staying with her will affect the case badly.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. If there are instances of mental cruelty on you by your wife, you can indeed file a suit for dissolution of marriage on the ground of cruelty and desertion.

2. If you have got your soulmate then talk to your wife, make amicable settlement by paying a lumpsum towards her permanent alimony and then start living with a person of your choice.

In the present circumstances proof of your live in relationship would only aggravate the pending cases.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. If you've decided to come out of this marriage, approach the Family Court and file a divorce petition against your wife. You may seek divorce from her in the ground of desertion and mental cruelty.

2. No, at best she too can seek divorce from you on this ground.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file contested Divorce. Yes you can have live in relationship

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

A) to get a divorce you have to file divorce on the basis of mental cruelty

B) no issue at all, no criminal offense, 

your live in relationship will help her in getting the divorce from you

and you too want a divorce,

so,

NO WORRY

Good Luck 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. If you want divorce then only case you can file is a petition for divorce on the grounds attracted to the facts of your case.

2. You are free to live with your new partner, albeit it is a ground of cruelty in favour of your wife.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You can file a case of divorce on the ground of mental cruelty to get divorce from her.

2. She may use this fact further to harass you and prove herself correct before the court. Though the said act is not against any law and you will not be committing any crime.

Regrda

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.  You can file divorce case on the grounds of cruelty.

2.  Just living with another person would not cause any problem, it will become a problem only when you marry her during the subsistence of this marriage.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court. After that only think for divorce, No, you can live with her but don't go for marriage before divorce.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a compitant court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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