• Love affair facing problems by girls family

I Am Ajay Kumar i have problem in my love affair, the girl was married before 9 years and has 2 children's we are mad and deep in love with each other, we waited and tried a lot to explain and convince her husband and parents but they are not accepting our relationship, family is not interfering now in her matter, her husband is drinking and torturing everyday to stop this relationship, he is scaring that he will kill her, and tried to kill her 4 times, we cant live without each other, we are in eloping situation, before going from home what legal precautions should we take, after that what circumstances we have to face, please give me a legal suggestion that no one should suffer(our families) even us, (but dont say us to break this relationship its better to die)
Asked 6 years ago in Family Law
Religion: Hindu

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34 Answers

See first it would be better to file a divorce against the husband, and complaint for domestic violence and cruelty and attempt to murder. 

Further if you don't to file divorce or go for cases then the women should at least intimate local police station of eloping as her husband can file case upon you for taking away married women and if you marry then of bigamy.

What i can suggest is first let her get a divorce and then marry. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Whether you elope or live together without diovrce. No criminal offense. All you need to make sure that in case police complaint filed by her husband/family, women should say, that she herself eloped and living with you.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You should not elope with girl she is mother of 2 children and needs to safeguard her children interests 

 

2) if she is unhappy in marriage she can file for divorce on grounds of mental cruelty seek custody of her children, maintenance from husband 

 

3) after divorce she can marry you 

Ajay Sethi
Advocate, Mumbai
99814 Answers
8147 Consultations

after divorce only you both can marry, 

your gf can file divorce on grounds of mental creulty. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

such an act is called adultery and it's no longer a crime in India, but a valid ground of divorce for the husband.

no need to worry, 

 

if you ran away with the lady, to whom you love deeply, her husband will surely lodge a police complaint against you, and you may book for kidnapping, rape, etc,

in case police find you, and the lady, who also loves you deeply, make a statement in your favor, then nothing to worry, 

but if she changes her statement that can cause trouble to you,

ENJOY

You are Married?  

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

She needs to first get legally divorced for marrying you. 

Prashant Nayak
Advocate, Mumbai
34542 Answers
249 Consultations

she can file a petition for divorce in the concerned Family Court by hiring a lawyer,

after filing the divorce case, she can live at any place according to her wish

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

It is not necessary for wife to stay with her husband after filing for divorce 

 

2) she can stay separate with her children 

 

3) engage a local lawyer file for divorce on grounds of mental cruelty seek interim maintenance, alimony from husband and custody of children 

Ajay Sethi
Advocate, Mumbai
99814 Answers
8147 Consultations

Se.can claim maintenance from him.and can stay separately.

She can file complaint against husband with mahila police station and can file for divorce with family.court under section hindu marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The girl is married and you are not. Therefore tell her to take divorce and then you can be with her. Another way is th hat she leaves her home and starts living with you despite being married. The husband can take divorce if he wants. Otherwise the police and the law cannot do anything.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

After filing divorce she should leave the house.

If she has been house arrested then file a habeas corpus petition in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Having an illicit affair with a married women will disturb her married life and it may bring disrepute to their family in the society.

If you both elope and get married to each other then that will be a criminal offence under section 494 IPC, it is bigamy.

Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both.

T Kalaiselvan
Advocate, Vellore
90015 Answers
2497 Consultations

She can very well come out of her house if she is not willing to live with him anymore.

She can remain outside her matrimonial home, he cannot compel her to live with him only.

She can file a divorce case on the grounds of cruelty but she has to gather evidence for acts of cruelty.

T Kalaiselvan
Advocate, Vellore
90015 Answers
2497 Consultations

You can file a writ petition in the High Court which is known as heaviest Corpus writ petition to bring your girlfriend to the court the high court will direct to the police to produce the girl in the court and she has to testify there in front of the court that she wants to be free. after that high court order she can be set free and then you can go for the marriage this is the only way out available in this case where the girlfriend is house arrested by the family members

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. She can file a divorce on the ground of cruelty and not on the ground of having an extra marital affair and after filing the divorce she may move out. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She can not be arrested in the house. 

She may lodge a complaint to the police and if she is unable to do the same then you may lodge a complaint on her behalf. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See divorce on ground of cruelty has to be filed further she can file a complaint and FIR for physical and mental cruelty.

Proof of his beating and torture need to be filed before court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No proofs needed,

File petition of divorce on the ground if cruelty,

Her statement us enough,

Besides, she can also file domestic violence complaint for causing mental and physical abuse

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

File for divorce on grounds of mental cruelty 

 

2) rely upon police complaint filed regarding physical assault by husband 

 

3) also doctor certificate about nature of injuries 

Ajay Sethi
Advocate, Mumbai
99814 Answers
8147 Consultations

On the ground of mental cruelty. 

If he is beating then get the medical of the girl from the hospital. 

You may also approach the police if she has been house arrested. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Divorce can be filed on grounds of cruelty.  You can also file police complaint against the assault of her husband

Prashant Nayak
Advocate, Mumbai
34542 Answers
249 Consultations

She can file divorce on the grounds of cruelty.

After coming out of his house she can lodge a criminal complaint with local police against him, this will keep him Under control if he is still torturing her.

T Kalaiselvan
Advocate, Vellore
90015 Answers
2497 Consultations

1. The lady is still married, hence you cannot marry her. 

2. If he attempted to kill her 4 times then she should have filed a FIR for attempt to murder and then filed a petition for dissolution of marriage on the ground of cruelty. 

 

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. If she is illegally detained by her husband's family then you may as her next friend file a petition for habeas corpus in the High Court to set her free. 

2. Even while she is married to him she is free to leave him and live with anyone she desires.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The divorce must be filed on grounds of cruelty and mental and physical torture.

All evidence must be annexed along with the divorce petition.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

Any of her relative or yourself may file a Habeas Corpus Writ Petition before High Court and say that she is house arrested and not allowing to see outer world. She will be produced before the High Court and will be released by the High Court. She can lodge a complaint against him and stay in PG Centre thereafter.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear 

Your girl should file the divorce case to end her relationship with her husband and also she can file a domestic violence case against her husband to protect her self from the torture she is facing.

If she is under house arrest the you should file a police complaint in her behalf to get her out of the custody of her husband after that she can file the cases. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1) legal fees vary depending upon layer engaged by you 

 

2) you should inform the police that you are ready for settlement 

 

3) let girl come to police station and state whether she wants to remain in contact with you or not 

 

4) mention that both love each other and want to marry after she is legally divorced 

Ajay Sethi
Advocate, Mumbai
99814 Answers
8147 Consultations

1. fee for filing habeas corpus petition ranges from Rs. 25000/- to 75000/- 

2. if the police call you in the police station, ask them to bring the girl also to corroborate the charges imposed upon you,

what do you think, will she give a statement against you?

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

A lawyer should be engaged in this matter and he will file the case. Fee shall depend upon the lawyer. A criminal complaint against the parents should also be filed.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It depends on lawyer fees the kind of lawyer you appoint. You don't have to settle anything.  You can ask police to visit your girl friends house and take her statement that she is Harrassesd. Else you file habeas corpus.  Also file complaint for your bike at the police station

Prashant Nayak
Advocate, Mumbai
34542 Answers
249 Consultations

1. See depends upon the lawyer you engage.

2. See you can meet to senior police officials with all the conversation.record and can give application that parents had locked her in house and harnessing you both.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. The court fee and lawyer fees for filing habeas corpus petition shall be let known by the same lawyer. 

2. If the police is calling you then go to the police station accompanied by a lawyer and explain everything in detail and also give a complaint from your side also to get her out of that house. 

T Kalaiselvan
Advocate, Vellore
90015 Answers
2497 Consultations

Fees for habeas Corpus depends on the advocate you hire it can be between 55 K to 1.5 L

And you should not think of ending your life as your parents doesn't raise you to see you like that. 

I would suggest you to just move on and find some another girl and marry her live your life happily.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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