Myself 32 yrs old man (Hindu) originally from West Bengal, currently settled in Mumbai. I am single and currently in a relation with a married woman who is also from West Bengal . Due to various reason she is not happy with her husband and want to get separate. She has a 2yrs old girl child. We want to get married by this November end (2016) however she haven’t yet discussed about separation/divorce with her legal husband as we are certain that he may get anger and things get more worst. So we have decided that she will take her child and leave her husband in august & come to Mumbai to stay with me. After that we will send him legal notice for divorce prior to our marriage. My queries are as follows – 1. Can we live together till she get divorced ? 2. Can we marry in a temple legally when her divorce petition is pending ? 3. Can her husband take any legal actions me and her wife if he comes to know about our live-in relation ? 4. Is it possible for us to take the custody of her girl child ? 5. Please explain the speediest way to get divorce.
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1) you cannot live with married woman prior to her divorce
2) her husband would file case of adultery against you under section 497 of IPC
3) you cannot marry her while her divorce is pending
4) the married lady would be guilty of bigamy under section 494 of IPC
5) wife can file for divorce and seek custody of her child
6) contested divorce take 5 years
7) best option lady should file for divorce by mutual consent
1. No you cannot. You are living on a very dangerous terrain in as much as a man who cohabits with a woman who is married to another man, commits the offence of bigamy and adultery.
2. She cannot remarry unless she obtains divorce. Both of you will be liable to be prosecuted for the offence of bigamy if you do opposite.
3. Her husband can launch your penal prosecution for the offences enumerated above.
4. She can file a petition for child custody which will be decided on the touchstone of welfare of child.
5. The speediest way is mutual divorce which comes through in 6 months but which requires both spouses to reach a positive agreement.
Hi
First the women should relocate to Mumbai and file the following:
a) divorce petition against her husband and also ask for child custody. Mother will normally be granted custody of the girl children.
Till such time the child custody and divorce proceedings are complete with a court decree, live in relationships should be avoided. however she can stay in an apartment close by and you can provide her with all support required by her during this traumatic phase of her life.
The rationale for recommending avoidance of live in relationship is based on the fact that the husband should not accuse her and you of bigamy(which is a crime in indian law).
Normally men resist mutual consent divorce(Mutual consent divorce is the fastest way to get a divorce.
However men relent later and accept MCD when subtle pressure levers( suits) such as domestic violence are foisted by the women in addition to Divorce proceedings and the pressure becomes too much for men too handle. Added to the pressure of multiple suits against men, the self realization that happens to the man when he realizes that he has lost the child and woman because of his own perils will force men towards Mutual consent divorce.
If you can plan all of your next steps after consulting a lawyer and prepare a time bound action plan for each of your next steps, you and the woman can come safely out of this issue without any hassles and within 6 months.
hope this helps.
During the subsistence of married status of the lady if you cohabit with her you can be prosecuted for adultery and also liable for civil action.
If you marry her before a divorce decree becoming final, it will be null and void. A hindu can not marry when her / his marriage is subsisting and spouse is alive.
As stated a cause of action in criminal law lies in his favour against you for adulterous relation. However the husband on this account can go for a divorce but can not prosecute her.
The custody of child with either of parent would depend upon various circumstances considering the welfare of child.
The expedious way of divorce is by mutual consent. A contested divorce is a protracted litigation which may take years in its culmination
Dear Querist
My Opinion on your queries are as under:
1. Can we live together till she get divorced ?
Opinion yes you can but he may file a criminal case against you under section 497 of ipc for the offence of adultery.
2. Can we marry in a temple legally when her divorce petition is pending ?
Opinion: legally not, she and be prosecuted for the offence of bigamy under section 494 of ipc.
3. Can her husband take any legal actions me and her wife if he comes to know about our live-in relation ?
Opinion: as above.
4. Is it possible for us to take the custody of her girl child ?
Opinion: legally not.
5. Please explain the speediest way to get divorce.
Opinion: try to settled the matter amicably with husband and go for mutual consent divorce.
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Hi, As per law Hindu can't solemnize second marriage during the subsistence of the first marriage. If you perform the marriage with married women without taking divorce from the first husband you are in trouble and her husband may file a complaint for adultery.
2. Then you have to face the consequences so it is better she has to get divorce form her husband and then you can marry to her.
