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(Guest)

Divorce case

dear experts

please help me with ur valuable advice.... my hubby filed divorce in march 2012....we are separated since 1.5 years.... i don't want a divorce....he has not attached any proofs in the divorce petition..... i will contest the divorce case.... my query is can my hubby start a live-in relation with any girl ?? and kya woh uss ladki se baby bhi kar sakta hai ?? court will not say anything to him ?? what action can be taken against him ?? is he free to have a live-in relation and have a baby outside marriage?



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 6 Replies

Tajobsindia (Senior Partner )     25 September 2012

  

Originally posted by : shalini

 

dear experts

please help me with ur valuable advice.... my hubby filed divorce in march 2012....we are separated since 1.5 years.... i don't want a divorce....he has not attached any proofs in the divorce petition..... i will contest the divorce case.... my query is can my hubby start a live-in relation with any girl ?? and kya woh uss ladki se baby bhi kar sakta hai ?? court will not say anything to him ?? what action can be taken against him ?? is he free to have a live-in relation and have a baby outside marriage?

 

1.  Live-in YES he can. See yours truely law at link:
https://articles.timesofindia.indiatimes.com/2012-09-23/surat/34040169_1_sonakshi-hindu-marriage-act-civil-court

2. Baby out of live-in during a subsisting marriage NO. Even if one baby produced then by meeting hefty alimony to you he can get away with his divorce under Civil laws. Under Criminal laws he can still get away by being in jail for 3 years if that was an extreme Order of a Magistrate Court. Both ways he has found his ingenious methods to get freedom from his bad marriage.

3. If you already agree that Court cannot do anything then presented facts are matter of demand and supply nature.

4. If you donot want divorce then no one can compel you give one. Matter shall remains in continuous tense. 


(Guest)

ok.....thanks for the advice......it means its a cakewalk for every husband-wife......? law does nothing to such people..... freedom is very much there.....

rajiv_lodha (zz)     26 September 2012

@ Shalini!

Its not a cakewalk. Its utmost compromise when stupid laws of the land do not give timely relief in the form of DIVORCE to the broken marriages.

And no sensible lady enters into live-in relationship with such man so easily as u think!

1 Like

What is in the name ( )     04 October 2012

Tajobsindia,

Are you saying in your point 4 that even though you contest Divorce in the court of law, its the woman who decides whether she wants to give Divroce or not??? I understood that was only possible in case of MCD and not for contested one where the court decides (which means even if woman doesn't want to give Divorce, but the court is satisfied with the grounds and necessary evidence produced by the Petitioner, in that cae the court decides Divorce).

 

Yes, the woman in this case may be able to drag the case, but is surely does not give the woman the 'right' to deny Divorce.

 

Please correct me if I am wrong.

 

Thanks

Tajobsindia (Senior Partner )     04 October 2012

@ What's in the name,

Here the queriest husband has filed divorce. She can put his moves for infinite years in so many peculiar ways.

Flip above and in MCD that does not happen for a simple reason if here is a jointly executed Agreement between parties and if one party fulfils his / her part than other party is not allowed to resile.  

You are also right in your own ways to my para 4 interpretation. See the practical approach based on each set of facts with reference to context not what you hear as second hand news.

 


(Guest)

Live in relatin with anther wman will be cruelty gainst yu. Its will be against him.

Why a lady will born a child without marry to a man So your second doubt is no mean.
Yes -court can give you stay If you file suit that both are willing to do marriage to each other.

When he do any wrong act than you can get relief from court.

 

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