Divorce after 17 years marrige
Arjav Mehta
(Querist) 17 May 2018
This query is : Resolved
Sir,
My friend have a issue with her marriage life, few days before she left her husband house and went to his father home due to quarrel between husband and wife .. before few days they decided to take divorce through notary, but now husband not agree for the same another thing is that she's daughter came with her and son is with is father ..
now she want to marry with me and we mutually agree for the same and my MCD is pending ..
kindly suggest me how can she avail divorce from her husband and what ground...
If my MCD is pending shall i live with her ? with his daughter ?
what problems we will face if we live with each other
Guest
(Expert) 17 May 2018
Seems to be student's academic exercise.
Arjav Mehta
(Querist) 17 May 2018
sorry sir but i cant understand
Guest
(Expert) 17 May 2018
Does not seem to be a real problem.
Kumar Doab
(Expert) 17 May 2018
IT is believed that you and Lady you want to marry ( being still married) are all Hindu.
You seem to be moving to court (for MCD) and might be having your own lawyer...
Your own lawyer of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …with whom you might have discussed in person and even with seasoned PIP must have updated you that Notary divorce is invalid...
Rest let both be divorced from court and then after period of appeal both can marry.
For such counsels; Check at LOCAL Civil Courts, HC,SC……..
Guest
(Expert) 17 May 2018
Uncle, can't you find some good unmarried aunty?
Ms.Usha Kapoor
(Expert) 18 May 2018
Both are still married . At this stage if both start live in relationship m it is i illegal. Wait until after you take divorce from each other through court either through MCD or contested and then marry. Try for MCD.Both means your lover and you.
Vijay Raj Mahajan
(Expert) 18 May 2018
First explain me what is divorce through notary? Which stupid person suggested your friend and her husband that divorce get through notary? Are the highly paid district judges placed as presiding officers of the Family Court by the government fools to decide the matrimonial disputes including dissolution of marriage. The people who are educated when talk like illiterate person like divorce through notary it really hurts. You yourself have MCD case pending in the Family Court and your friend and her husband were planning for divorce through notary, did you not inform her/them that divorce is through Family Court which is decided according to the Marriage Act under which the marriage is covered like the Hindu Marriage Act,1955 and Civil Procedure Code by the Presiding Officer of the Family Court, the time that such case requires depends on what type of petition for dissolution of marriage filled and how it progress in the court proceedings.
Your friend should ask for MCD and if the husband not agreeing for it, she can file for divorce independently on the ground available and which will cover her case.
Better she should engage sensible, honest lawyer for the case not some fraud who takes her to notary for divorce proceedings.
P. Venu
(Expert) 18 May 2018
You are in too much of a hurry!
Arjav Mehta
(Querist) 19 May 2018
thank you vijay sir,
i already talked with her that notary is not valid. Sir, if my divorce is pending shall i go for live in with her ...or after my divorce shall i go for live in (if she's divorce case is pending)
Vijay Raj Mahajan
(Expert) 19 May 2018
Don't go and live with her till she gets divorced from her first husband otherwise you can get charged u/s 497 IPC for the offence of adultery for indulging in physical relationship with wife of another man, if her husband comes to know about it, thus creating big problem for you.
T. Kalaiselvan, Advocate
(Expert) 20 May 2018
From your contention it can be understood that you want to marry this female who had left her husband's company for your sake.
However the fact is that both are still married to somebody and the marriages of both have not been dissolved by a decree of divorce.
Thus in the given situation, you both are not eligible to marry each other and any attempt made before you both dissolve your respective marriages by a decree of divorce, you both can be sued by your respective spouses for the offences of bigamy.
Besides, her husband may lodge a criminal complaint with police for the acts of adultery and bigamy, which will cause lead you into more trouble.
Matter of fact, your MCD is in process, if your wife wants to take revenge on you after knowing your extra marital affairs with another woman, she may even withdraw her consent for the mutual consent divorce during the second motion.
Therefore it is advisable that you dont directly start living with her until both of your marriages are not dissolved by a decree of divorce.
Arjav Mehta
(Querist) 21 May 2018
thanks you kalaisevan sir
