• How to start a new fresh life without divorce?

Can a married woman suffering from domestic violence start a fresh life with someone else if her current husband is not ready to give her divorce? This is taking into account the fact that contested divorce cases take a long time and she cannot suffer any longer?
Asked 5 months ago in Family Law
Religion: Hindu

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10 Answers

She is at liberty to stay separate from

her husband and have an extra marital affair 

 

2) adultery is no longer an offence at most it is ground for divorce 

 

3) however please note that you will not be entitled to any alimony or maintenance from husband 

Ajay Sethi
Advocate, Mumbai
82702 Answers
5254 Consultations

5.0 on 5.0

The adulterous life by a married woman with another person during the subsistence of her marriage is no more a crime and the relevant section 497 IPC has been repealed. 

Hence you can choose to live with a person of your choice but remember that you cannot marry him without getting your current marriage dissolved by a decree of divorce through a court of law. 

That is an offense under section  494 IPC. 

 

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

According to Hindu marriage act the either of spouse can not engage herself or himself into second marriage. As it is illegal.

If the women is suffering from domastic violence she must file FIR against her husband and inlaws depending on the nature of violence. Plus she needs to file DV case against her husband and inlaws.

Wife can ask seperate residence and maintenance till the final order.

Now live in relationship is legal. But it has some other guidelines.

Contact with your lawyer for best decision.

 

Suvarna Nage
Advocate, Pune, mumbai
18 Answers
3 Consultations

4.5 on 5.0

Yes. She can always stay as live in Partner with her boyfriend. 

However as the term denotes it would not be recognised relationship like marriage and the children born out of it, if any, would be considered as illegitimate. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

Second marriage with out divorce first is illegal and void. You live with any person and have liberty to do an extra marital affair as per your wish. But you have lost the ail money , maintenance from your husband. Adultery is no longer an offence but it is ground for divorce .

Ajay N S
Advocate, Ernakulam
3826 Answers
82 Consultations

5.0 on 5.0

Hi,  as per law,  you can not consumate second marriage during the subsistence of first marriage. 

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
269 Consultations

4.5 on 5.0

Legally she cannot marry some other person without taking divorce from her Husband but she may reside with her lover in a live-in relationship without marriage with him. As adultery is not an offence now.

Nadeem Qureshi
Advocate, New Delhi
6017 Answers
282 Consultations

4.9 on 5.0

There is an option of Judicial Separation under the Hindu Marriage Act where either of the parties can apply for the same on the grounds provided under the Section 10 of the Act. Once the court grants this order you are no longer obligated to live with your husband. 

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Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

- As per section 17 of Bigamy Act, any marriage between two Hindus solemnised 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 shall apply accordingly.

- Hence, you can do second marriage without getting divorce from the first husband. 

- However, Supreme court declared that , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

- Hence, you can start a fresh life with someone , if your husband is not ready to give divorce. 

- Further , the husband cannot take any legal action against his wife , except to file a divorce petition on this ground.

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

Yes, she can stay with other person without getting divorce . Infact this will give her one more ground to divorce him. 

 

Regds,

Adv. Payal

Payal Arora
Advocate, Pune
363 Answers
18 Consultations

4.5 on 5.0

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