Without divorce second marriage is an offence under section 494 of ipc.For a marriage to end, divorce which is a well defined concept in family law needs to be applied. This annulment process can be complicated requiring the help of courts thus time consuming and emotionally draining. Cohabitation as already mentioned is not a legally binding bond so it can end anytime without any prescribed procedure even though even this just like marriage brings out an emotionally draining experience for the couple.
Mutual consent divorce is the fast and easiest method for getting divorce.
Supreme Court of India observed that, if a man and a woman in love decide to live together as a couple, it is well within their right to life and by no means can be deemed a “criminal offence”. The Supreme Court, in Indra Sarma case delivered on 26th November 2013 says: “Live-in or marriage like relationship is neither a crime nor a sin though socially unacceptable in this country. Legitimacy of children born out of wedlock presents a dilemma to the Indian Courts. Courts have been divided in this endeavor. Child out of a prolonged relationship is deemed legitimate.
Above mentioned details are commonly applied laws to a law abiding person.
In your case ,
Living together after divorce and before divorce are very different in the eye of law. In your case first get a divorce and then live together. Otherwise again you can expect threat from husband and police.
Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. From your query it could be seen that”
We don't want to keep her son , as i can't accept her son neither my family.
So settle this issues in between you first otherwise it may leads to problems in future.
Mother is considered as the natural guardian of her son till he is 5 year old. If her husband is ready and willing to take the custody of child then it would not be an issue. She had a husband and child; you like to break their family chain and try to snatch her from legally wedded husband. In such a stage, if she decided to stay with you then law could not help her husband from separate you both. But you will face consequences.