Live in relation before divorce for a govt. employee
Querist :
Anonymous
(Querist) 25 July 2011
This query is : Resolved
I am a Central govt. employee (Para military). I am married, and I have a daughter aged 4.5 yrs. I am not staying with my wife for more than 4 years. She is not ready to live with my parents and mentally retarded brother and deserted me. I filed RCR and later withdrawn it after 2 years as she is not ready to stay with me. She has done a lot of things to tarnish my image and to disturb my career. When she failed in her attempt she filed a divorce petition and said that the petition is only to harass me and will withdraw her petition during the final stage of hearing and will delay the divorce. So i have also filed a divorce petition in family court, which is right now in high court for transfer of my petition to the nearest family court in her district. I didn’t appeared in the case filed by her, became ex-party, to get and early order. Now she is not ready to file affidavit in the court and not getting her ex-party divorce. I want divorce from her, I am sure that I don’t want to stay with her. What is the best next course of action?
I am paying maintenance as per the order of the court. Though problems in my marital life started after 1.5 years but we never lived together more than 11 months.
Now in this case I don’t know when will i get divorce and remarry someone else, One unmarried lady from my department is ready to marry me after my divorce and also ready to live with me. so in this case my question is can I go for live in relation with her? Is it against CCS conduct rules? If yes then can I have children from this relation? Will my department take disciplinary action against both of us? What are the problems I have to face from my department in future? Please advice me.
R.Ramachandran
(Expert) 25 July 2011
Without obtaining divorce, it will not be proper or adviseable for you to get into any live-in relationship or to give birth to a child through any other lady. You both have to be patient and wait for divorce.
Since you have already filed a case for divorce, and the same is pending in the HC for transferring it to the District of your estranged wife, better agree for the transfer of the case so that the case can proceed with speed and you can get your divorce early, instead of wasting time in opposing the transfer petition.
M/s. Y-not legal services
(Expert) 25 July 2011
Yes. Rightly advised by mr. Ramachandran. Am agree with him. Just follow his advise sir.
Arun Kumar Bhagat
(Expert) 08 August 2011
Officially you can't marry her till your divorce and hence birth of child is remote. A Govt. Servant can not have two spouses. It is forbidden.
