Having affair with married men/women is not a crime.
I am a divorcee... Have finished more than 60 days post decree. My friend wishes to get divorce.. Mutual consent not likely... However, no petition has been filed till now. Can she move in with kids aged 17 and 10.what are the constraints and legal hurdles.
Having affair with married men/women is not a crime.
No any major legal hurdle in living together.
Adultry have been ruled out.
your staying with your non-divorcee person will have no legal complications since adultery is no longer a crime in India
You can have discreet relationship but avoid live in relationship as she is still married
2) her husband can file for divorce on grounds of mental cruelty and adultery
3) her husband would make you co respondent in divorce case
Adultery is removed, as such, you can consider the option but make sure that it will not lead to complications.
If her husband creates problems in order to give divorce, it leads to more complications, as such, wait for the process of obtaining the divorce by her is completed, thereafter start your relationship.
Word of Caution: Already you have gone through the grind of obtaining the Divorce and hurdles / problems involved, as such, push for divorce by her and try to get it, after which you can proceed.
If advised legally, you may not enter in marriage relationship when the case is not finalised. But apart from this, there are various kinds of relationships which may be maintained. You are also required to consider one more thing that this action should not bring any harm to your friend in any manner because her husband may make issue of this fact that she is in illicit relationship with you and may deprive her the rights of alimony etc.
See if she moves in with you and you both have any relationship on that ground her partner can file divorce though he cannot file any.criminal complaint against you or her.
You friends can live with you without getting married to you, in your residence.
She may apply for divorce from your residence also.
However you may note that you cannot adopt her children because she cannot give the children in adoption to you without the permission or consent of her husband.
But there is no illegality in she living with her children in your residence in a relationship with you.
Living with non-divorcee is not permissible according to Hindu Family Laws. Since you obtained divorce you are at liberty to remarry as per your wish and choice after completion of appeal period of 90 days. But at the same time living with a non divorce is not permissible under law. As per your inputs she not yet filed any petition for divorce whether mutual or contested. As per procedure of family laws it will take some time to get divorce from her spouse. If she move with kids without divorce her husband may file cases adultery, marrying 2nd time during marriage already existing with another person.
Unless and until your friend gets divorce, she cannot legally live as a wife with you, as the husband of your friend can file complaint regarding adultery. Therefore, it has advised to wait until she gets divorce decree.
1. Well, since having sex with a married woman is n more a crime no criminal case lies if that lady moves on with you with the children,
2. However in such circumstances if she files a suit for contested divorce then on this ground of her adultery with you the court is likely to refuse to grant her divorce.
She can move in but for her divorce her husband can take ground of adultery with you
She can move if she has filed for divorce case currently. Now it's depends who wants children custody.
1. Yes she can move in with you but it will be better that your friend should file divorce as soon as possible.
2. Legal hurdle will arise when your friend lives alone with you as it can create problems for her.
Well, she may move in as adultery is not an offence anymore. But her case would get weakened due to this as the husband would not give maintenance or alimony as he would show that she is not faithful. Otherwise there is no problem.
You can ask your friend to file contested divorce and seek for maintenance pendentilite and her husband will come to settle and also file for custody and yes she can move out with her kids and after divorce decree is passed one can remarry after 90days
This is my response to you:
1. Your friend will have to obtain divorce;
2. Otherwise your friend will face difficulty in maintenance issue;
3. Once your friend obtains the decree she can get married;
4. Though she can live with anybody else, but it is morally frowned upon;
5. Consult a local lawyer and take steps.
it is not offence but she cannot remarry without divorce decree.
It will definitely have a big consequences as It is a crime which is punishable for 7 years of imprisonment under the section 494 of the Indian penal code. the section states-
Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 17 in The Hindu Marriage Act, 1955
Punishment of bigamy—Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.
In case of a women in bigamous practice is prohibited in all the personal law. it is a non cognizable offence whereas the law commission of India has suggested to make it a cognizable offence. It is a strictly punishable offence under the Indian penal code.
no legal hurdle you can easily live with her and her kids.
but ask your partner to file the Divorce case because Supreme Court in various cases has observed that once divorce case has been file then marriage can be done.