Legal Question in Family Law in India

I married on 29.05.2011 & after that my marriage not consumed. No intercourse is there. I put a divorce petition on june 2012. I am in seperation right from june, 2011.

Can I live with a lady who is unmarried (28years) & become my friend now a days..

I ll marry her when will get divorce from first wife ....

Can I live with my girl friend... What are the laws in this support.......


Asked on 12/12/13, 8:02 am

2 Answers from Attorneys

In case you want to get into another trouble without solving the first one you can do so.it is advisable that you wait for formal divorce decree.

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Answered on 12/13/13, 12:16 am

According to Hindu laws, the pre condition for divorce is that the couple should be living separately for at least one year. You have filed for divorce after a period of one year from the date of your marriage. Also ,since there was no resumption of co-habitation, the Court would grant divorce on this ground.

However, the time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more.

In Delhi, Mutual Consent Divorce is possible within two to four weeks. As far as living with another woman, during the pendency of the divorce proceedings, is concerned that will not amount to bigamy but this will definitely give a ground to your wife to prevent the decree of divorce being passed in your favour as this act of keeping illicit relationship with another woman is a ground of divorce available with your wife as well in amounts to cruelty inflicted on her by you and you cannot take advantage of your own wrong for getting relief from the court, keeping this cardinal principle of law in mind your divorce case may get dismissed.

Therefore, it would be suggested to you that you wait for the divorce to take place and then you may marry and live with the other woman.

Get a lawyer to help you with the case. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/28/13, 3:46 am


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