• Dissolution of marriage

I am in a relationship with a man who is married for last 7 years and is having a son aged 5 years from his wife. We have been in a courtship for last 2 and half years. Now my man is seeking for a legal separation from his wife as he does not feel compatible with his wife any more and also does not share any sexual relationship with her for last 2 years though they are still staying under the same roof. He is trying for a mutual divorce but his wife does not seem to have consent for divorce. Also the divorce is necessary to legalize my relationship with him in future. Need your valuable advice as how to proceed in this case and what step first he has to take to file a petition. Looking for an urgent advice as we need to take some quick steps.
Asked 1 year ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1. He can unilaterally file for divorce on the ground of cruelty against his wife if the latter does not consent to divorce. She will be given an opportunity to contest the case.

2. Unless he obtains divorce from his wife you can neither marry nor live with him.

3. Tell him to consult a lawyer to get going.
Ashish Davessar
Advocate, Jaipur
18171 Answers
449 Consultations
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1) if his wife is not willing for divorce then the husband has to file for divorce on any of the grounds recognised by HMA 

2) contested divorce cases take around 5 years to be disposed of 

3) best option is divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
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Ask him to file a Divorce Suit on contest and wait to get order from the Court.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
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1. At the outset you are advised against taking any quick step since patience is the key word in such cases and hurried step may mess up the matter completely. Having extra marital relationship during the pendency of marriage is a punishable offence, if proved. So, exercise restrains to ensure that the wife of your paramour does not lay hand on any document evidencing his relationship ( specifically physical ) with you,

2. Your man shall have to file a divorce petition on the ground of cruelty submitting adequate evidence in support of his allegation,

3.If the said divorce case is contested by his wife it may take 2 to 4 years to be disposed of and till then you shall have to wait with patience,

4. After receiving the notice for divorce case, his wife may retaliate by filing 498A complaint, DV case seeking maintenance etc. for which your man should be prepared fully,

5. You can legalise your relationship only after his getting the decree of divorce from the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Filing the contest  divorce proceedings is only option he has.
If there is any cruelty against him by his wife then file divorce case under section 13(1)(ia) of Hindu Marriage Act
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Even staying under the same roof, the couple can live separately without cohabitation and conjugal relationship.  Therefore this separation for over a period of two years or more can be a strong ground for divorce on the grounds of non cohabitation and mental cruelty.  He may be advised to file a divorce case on the said grounds by including incompatibility also as a ground for divorce if he has decided to quit his married life with his wife for ever. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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