1) you can have live in relationship with another girl but be discreet
2) file for divorce on grounds of mental cruelty
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 ?
1) you can have live in relationship with another girl but be discreet
2) file for divorce on grounds of mental cruelty
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.
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.
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.
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.
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.
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.
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.
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
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.
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
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.
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.
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.