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Sameer (QCA)     29 December 2012

Staying without any relationship

hi , my friend got married in 2007 arranged as per special act. jist after few months of marriagw there was a comfloct between both of tjem for petty issues  . currently my friend had put divorce case agaijst her as she left him on 2010 without informing  and the preceedings is pendimg in coirt  . my friend is staying with his gf as her wofe is not giving him divorve she is enjoyimg with her friends outimg and my friend is strugglimg for each amd ebery day. can there be any action taken on my friend if he is staying qith her without any relationship. he is nt married to his gf which exiated aftwr the divorce preceeding. will his wife can take any actipn on him. begamy is only proved if they are married and they are just sharing the house. reply pls. thank you



Learning

 2 Replies

Tarveen (Self Employed)     29 December 2012

Hi Sir,

In the case in hand, as per the information provided by you, no decree of divorce has been passed till date in favour of your friend and your friend is staying with his girlfriend. In the above stated facts and circumstances, it becomes a ground for the wife to claim divorce from the husband on account of cruelty. Further, she may file an FIR on the ground of cruelty under Section 498 A IPC suject to the facts and conditions of the case.


Regards

Tarveen Singh Nanda

adv.t.s.nanda@live.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 December 2012

Dear Querist

there is only a ground of Divorce because it comes under cruelty and 498 A will not be applicable in this matter without demanding of dowry.

Feel Free to Call


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