Good Evening ir/ Madam,
I'm a working professional, having relation with a married man from past 2 years. Our families agreed for our marriage and is willing for our legal union. My bf 1st wife agreed for separation one year back i.e in 2015. Now she has started threatening us, I met a lawyer in my city who has advised us that after preparing Living relation deed we can stay together, paralleling my bf need to file for mutual divorce. After his legal separation from 1st wife he can marry me. We tried hard many a times making his 1st wife understand that its not possible for him to get back to their marriage but she is adamant saying you've to stay with me.
I request the judiciary system and respectable lawyers of the country to advise me whether living relation deed will help us to stay together provided if my bf has filed for divorce proceeding from 1st wife. Will he face any criminal charges if he do so?
We both are working in respective MNC companies and are on probation period. Till date my bf has given all the financial support to his 1st wife without any single lapse in last 2 years. He is willing to continue the same in future. Initially his 1st wife agreed to move away from him without taking any compensation, but she was asking for some time as she wanted to become independent. Now she is threatening us daily with phone calls and messages, if calls are not answered she calls at office to higher authorizes. She keep saying that she'll expose us infront f society and set an example for society so that nobody does such time of act again.
Kindly advise what legal support we can get from the judiciary system so that we both can be together and get married legally. Is there any law that states man has to be with his 1st wife irrespective of his wishes.
Asked in Family Law from Vadodara, Gujarat
You cannot marry your boy friend during subsistence of his earlier marriage
2) if your boy friend files for divorce and his wife contest divorce it would take 5 years for divorce petition to be decided
3) if your boy friend starts staying with you his wife may file false case of 498A against him
4) wife cannot file criminal complaint of adultery against husband
You have been wrongly advised. A live in relation deed, more so when one of the live in partners is married to someone else, is illegal and opposed to public policy. Unless his marriage is dissolved you cannot get any assistance from the courts.
I request the judiciary system and respectable lawyers of the country to advise me whether living relation deed will help us to stay together provided if my bf has filed for divorce proceeding from 1st wife.
There is no such deed named as 'live-in relationship deed'. Somebody has fooled you with a term unknown to law.
First of all to live together with a married man while his previous marriage is subsisting and his spouse living, it can be termed as an extra marital affair and an adulterous life.
Any such agreement as you said may create a record or evidence to prove your illicit relationship with him.
Will he face any criminal charges if he do so?
We both are working in respective MNC companies and are on probation period.
He may not face any criminal charges for this extra marital affairs and any such complaint by her in this regard shall not be maintainable.
However if she takes the route of complaining to his employer, that too since he is working with a MNC, his employer may draw an adverse impact on him which may end up in his termination too for his misconduct.
He is got to take care of that issue.
The only solution to this that he should get divorced from her either by mutual consent by agreeing to her terms in view of the compensation to her or by filling a contested divorce.
This will help you both to tide over the situation.
No living relationship deed can help your bf to get out of net of adultery during the subsistence of 1st marriage .He may be punished for adultery .
2. If your bf first wife is not ready for mutual I am afraid it may be difficult to get divorce from her as it
transpires from your account on their relationship as husband & wife.
3. In India , no fault divorce is not granted.
We're ready to give her his property as well as maintenance separately but she isn't listening. She keep saying she don't want maintenance u have to leave the other woman and come back to me whether u like it or not. Is it possible for a woman to demand that her husband have to be with her against his wish also? My concern here is if we file for divorce will the court ask him to stay with her? As she repeatedly threaten us saying that she'll expose us and set an example. Our family also understand how critical is this issue. I understand how important and serious is this matter. We understand honorable court takes decision to keep a woman's right safe and her also safe. But as an individual as a human if a man request for separation still will the court ask him to stay with his wife against his interest and happiness. Please guide me, as I can clearly see the difference in the advise given to me. The lawyer whom I met said if we go for contested divorce with a senior lawyer it is a matter of year or two maximum. Plus he doesn't have to appear in the court for every hearing his lawyer will take care of that part. He just need to remind his lawyer about the date and need to go with him once while filing for divorce. Later on for hearing lawyer can handle. And if his wife doesn't respond to court hearing on regular basis case will fall in his favour. Please advise what all my lawyer mentioned is it true.
Asked 8 months ago
1) if wife desires to contest divorce case it may take some years for divorce
2) if wife does not contest divorce proceedings then husband can get exparte divorce in a year time
3) merely because you engage a senior lawyer does not men you would get fast divorce .
4) it all depends upon back llog of cases in family court
If a person is not willing to continue his marital relationship with his spouse, then he cannot be compelled by court to live with her even though the court may pass an order to restitute the conjugal rights.
If her threats are beyond toleration, then suitable criminal complaint may be made agaisnt her however this may falter if she takes the whip that he is having illicit affairs with somebody then he cannot raise a defence for this.
The lawyer who had given this suggestion is half right and the balance is a hype created by him, hence do not be under such misguidance.