Divoce
sunita
(Querist) 24 July 2012
This query is : Resolved
An unmarried irl is in relationshi wit a man whose wife is not living with him for last 10 years. The person even forced the girl to break her engagement promissing to marry her taing divorce from wife. Now wife is refusing divorce and asking unreasonaleamt. This is causing delay Theyalso hav one 12 yr old son. Man i redy to give her reasonableamt and secure child fuure. All this is causing dlay. What if the girl and man starts livein or have marriage without divorce what willbe security to girl and in case she have child will law consider wife not livingwith husband against wife. The wife is neither intersted in living nor leaving man as she thinks if there is divorces she will get little but if the man will die in a few years she and her child will get full. pls help n advice
Adv.R.P.Chugh
(Expert) 24 July 2012
1. The girl should insist on the man taking a divorce on the grounds of desertion. If it is rejected - even irretrievable breakdown can be pleaded once the matter reaches the Supreme Court. But that may again take a couple of years.
2. The girl won't have the status or rights of a wife, but still she would have limited maintenance rights being a woman in a relationship in nature of marriage. Woman would have no propreitary rights.
3. The child (if any is born) would be illegitimate and would be entitled to maintenance from father but no proprietary rights.
ajay sethi
(Expert) 24 July 2012
1)if wife is not willing to divorce ehr husband then it would be a long messy baatle . divorce would take years at least in mumbai
2)live in relationship does entitle the lady for minrtenance under Dv act .howver theh husband if he is a hindu cnnaot marry during subssitence of his first marriage .
3) it is better that lady forgets her partner and moves on in life .
sunita
(Querist) 24 July 2012
what if the man himself transfers his flat or other property in name of girl/ child can wife claim the too. The woman left the man on her own and never remained in contact eversince she was in conact with man mother till she died on phone. she didnt visit came to pay her last visit
