Want some clarification in divorce case

Hi Archana,

I am not a lawyer, albeit, because of the nature of the query is simple, I would like to answer;

1) Is there is a chance of getting any problem  legally in their marriage life??

Unless he is divorced legally from previous marriage ( If he is hindhu) he will be charged under bigamy if he opts to marry your friend.

2) If they choose to live as Living together before or after divorce...is there is any problem legally??

This is tricky. because 1) live-in together started getting status of marriage life slowly, recent rulings of SC also going towards that, if proposed marriage amendment bill 2010 considers live-in also status of marriage, not sure what will be his plight when his divorce case is dragged and amendemnt gets passed, However, I think, any amendment passed has validity only from the date of its implementation, hence safe i would put live-in together wont cause bigamy charge as of now, but it is door-step for higher maintenance to his ex-wife.

3) After getting divorce when they can get marry ( Becoz according to my knowledge there should be a gap of 90 days and odd) ??

 if it is contested case, any higher appeal is valid within next 90 days, else divorce is agreed. ( This i read from thsi forum)

I am also waiting from response from experts to my answer

Regards

Mani

Greetings Archana ,

I agree to Mani's advise and also go along with the fact that the skin of married men is tasty legally as well as illegally 

What you have not stated is does your friends would be hubby have any kids ?? 

Is his first wife working ?? 

Under what grounds is your friends would be hubby seeking for Divorce ?? 

Else the next question you would say my friend wants custody of the child also ( Ready Made baby ) 

Than you may also point out ,would my friends ...would be hubby have to pay his first wife maintanence and also for the child .

I would not be suprised if her would be hubby is utilising your friend and later on you come back to this forum stating oh my friend got cheated by a married man 

In the case mentioned by you, the guy's first wife can file complaint for bigamy agaist her husband, i.e. the said guy. So, it may become a big problem.

After divorce, period of 90 days is there for appeal, hence during the same period, re-marriage should not be done.

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For your 1 – Yes several legal issues they may face if they marry. First in a subsisting marriage where your friend’s love interest is not yet divorced can only offer friendship not marriage with your friend is one. Second your friend’s love interest wife can file ‘alleged Bigamy’ case (filing she will succeed if she get hold of few snaps of them in compromising position and/or gets cellphone records if she manage from other sources and/or if she got hold of their living together under a roof for more than reasonable time via detective snooping activities and/or if she manage from any other sources say a hotel stay bill etc. etc which are prime facie acceptable during admission hearings stage to issue showcause notice to your friend as well as to her love interest) whereas end effective result of such alleged case requires strict criminal proof of marriage but meanwhile your friend and her love interest will face criminal court’s summoning / proceedings and end up hiring of a criminal side practice lawyer etc. which I believe they want to avoid thus you are here as third party narrative of some facts! Third your friend even if she marries in a Temple and/or via Arya Samaj route her marriage with this already married male is illegal (void) and does not have any legal sanctity (Hindu law) security provided by marital laws of the land. Forth if they marry then it is taken as mental cruelties to his first wife under S. 498a IPC expanded meaning thereby and it means another criminal nature case filing on them. Fifth your friend and her love interest will again be in vulnerable position under expanded definition charges of Domestic Violence Act and is liable to face quasi Criminal Court heat. Sixth he is also liable for facing maintenance laws (both quasi civil and pure civil) from his wife even if he marries or not with your friend. Seventh if your friends love interest is even a Muslim (which is not clear religion wise from your facts) he can marry your friend but consent of first wife is necessary which I see remote in reference to context (if he is said to be Muslim male) and if such consent not forthcoming then S. 498a IPC is again applicable on grounds of extreme mental cruelties to his wife. These are some of the dark opinions. Well the so called opinion is only one that is they may shift to some unknown place and start live-in rekindling their alleged interest in between them without producing a child out of such live-in and to society they then keep declare themselves as relatives till his first marriage has a clear decree.  However a sensible rosy opinion is that he should concentrate on getting decree in divorce proceedings by analyzing the main thorny issue with his legally wedded wife and to my experience there is no marriage which cannot be dissolved if root cause is not hit / handled explicitly and anyhow they have this case from 4 years as you tell us which is also a good period to add here that their marriage is practically dead for all to know so keeping them joint is itself “mental cruelties” to the parties.

For your 2 - World over actual concept of live-in as tried out between two unmarried people where 'marriage' is not the ultimate end they seek out of such relationship. It is simply quick get-in/quick get-out in urbane living that is evolved acceptable practises of the West and sort of coming of age old taboo in Asian context otherwise so the earliest reference to live-in from Indian context was of Lord Krishana's. Live-in in reference to context has Penal implication in confine reference to India. Well if they choose to live-in before their marriage in reference then above large piece they should be made aware of. If they choose to live-in within the ‘concept’ of such relationship then the question of "a marriage" is their call post decree in his divorce proceedings for which they should take a call not you or lawyers as it is a ‘all clear social’ signal then what they can and cannot do within confines of Law of the land.

For your 3 – 90 days is Appeal period as per Apex Court in reference ot context facts.

Problem in such sociolegal queries is only one “security”. The moment your female friend stresses on the word “marriage with her love interest” that implies she is seeking ‘security’ whereas in live-in there is never a concept of ‘providing security’ both genders in a live-in are free any time to walk in/walk out of such relationships. This is expected social teaser when some Western concept gets applied in social milieu prevalent in Asia cultures and then all confusions breaks large and you and your friend are thus no more exception to such confusions as what I observe in this query before us. Ideally your friend should not ‘demand’ security of a marriage if live-in is the relationship she is chalking her lifestyle on, otherwise suggested them to enjoy life in company of each other and leave the divorce decree to its inevitable time capsule, but then have Indian women come of age is question you should ask yourself; I know they have !!!!!.

Lastly pointers to understand concept (live-in) best depicted as in social dramas are in movies such as; Oct. 2011 released “The Skin I live-In”, 1975 Marathi classic ‘Pinzara’ by RV Shantaram and our own desi hit of year 2005 ‘Salam Namaste’. And listen to live-in acknowledgment by today’s Youth at  

https://www.in.com/videos/watchvideo-livein-relationships-or-divorce-proceedings-4102847.html#block1