• How to proceed legally

Hello,

I and my girl friend loving each other from 2011. When I ask her parents they refuse to marriage. Then She scared and living with me(Living Relationship). Up to Apr 2014, she manage without knowing this process to her parents. But they fix marriage with someone. She told not interested, but they are blackmailed her (if you are not doing this marriage we commit suicide). But she doesn't like bridegroom. On 25th Apr 2014 they got married (At this time i'm not in that place, due to family reasons i'm gone to my hometown). I told her father what's going from 2011 when they refuse. There are no feelings in her faces, just take it easy and told me leave it and sorry.

She is not interested to take him as husband. so, her parents cut all her contacts (Friends, me etc.,).Because whenever she talk to me definitely she came with me, they knows. So, I want to back my girl friend and I want to marry her LEGALLY.

Then what is Solution?
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
Hi, only solution for you is that if your girl friend is  ready to come with you, she has to get divorce to her husband and she has to marry under special marriage act. However her marriage is solemnized and she has to wait for 1 year for applying divorce and she can able to marry you  only after she get the divorce from  her husband.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) if your girl friend loved you she would not have married another man . now she is married and cannot get divorced for one year atleast . 

2) dont keep any contact with her . dont send her emails  and never call her . 

3)let her decide whether she wants to leave her husband or not . if she divorces him then you can marry her
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
now she is legally wedded wife of someone. now she can not apply for divorce till one year. if she knows also regarding your wait also it is of no use. after one year year you may find out
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
if you keep in touch with her  and her husband finds out he will make your ex girl friend life miserable . he may even file case against you . hence call her if you want for last time that since she is married you wont remain in contact with her in future  .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
she should inform her husband that she wants divorce . does not want any maintenance . if her husband agrees she can file for divorce by mutual consent after 1 year . she can go  and stay in her parents place during said period
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
well it is your girl friend whether she wants divorce or not . 

2) if her parents threaten her she can file police complaint against her parents
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Now that your girl friend is married you can marry her only if she is legally separated from her husband. Since she was married forcibly to her husband the only legal remedy open to her is to move court for divorce.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
If she still loves you and wants to be with you then she should clearly tell this to her husband with the objective of ascertaining his willingness to go for mutual divorce. If he does not agree to mutual divorce then your wife should apply for divorce after a year.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
then divorce petition will take years to be disposed of . forget her and move on in life
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Then she may unilaterally apply for divorce.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
if married  girl friend  stays with you  her husband will file case of adultery against you .

 do you want to spend your time running around courts and spend your hard money on ever mounting legal fees ? it is your call
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0

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