Legal Question in Family Law in India

Hi. I am in a complex situation with respect to my love life. I have been in a relationship with a girl for the past 8 months. We are madly in love and are involved both emotionally and physically in our relationship. Everything was fine until i learnt last week from her that she is married and has a 2 months old son. She has been hiding this from me all this time and when i asked her why she hid this from me she answered me that if i knew the truth i would have never loved her. Now i have know the truth but we are so in deep in love that i cannot back out. As such we are planning for a marriage but the problem is that her husband has come to learnt about our secret relationship and doesn't want to give divorce to her. But she is trying real hard to get divorce and give the childs custody to her husband. Could you please advise where i stand legally in this matter? Would she be able to get divorce even if the husband is not willing to? And what if the husband freaks out and puts her wife up for adultery to the law. That would be the worst case scenario for me. Please advise on my complex situation. I have been very tensed and cannot find a solution for this.

Asked on 6/05/11, 5:21 am

4 Answers from Attorneys

Manish Bhardwaj JanakRaj & Associates

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This is a very complex situation. According to law you are in deep trouble if her husband files an "Adultery case" against you. She will be safe in every condition. Males having illicit relationship with a female who is married, is considered as Adultery and only males are liable and can be imprisoned upto 7 years.

2nd question of Divorce:

As per the above summary given by you, the husband is not willing to give her divorce, so she will have to contest and win the case.

We are best in Matrimonial cases.

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Answered on 6/05/11, 8:40 am

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Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

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if her husband file a adultary case against you then you may face trouble.she hasto file divorse case and had to take the divorce. untill divorce she cannot marry

Answered on 6/05/11, 9:32 am

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Sanjay Kalra Sanjay Kalra & Associates

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I differ from learned friends herein above. Nothing is going to happen to you. Wife can file a divorce petition on various grounds against the husband and if the husband agrees then the same contesting divorce can be converted into a mutual divorce and once the divorce is done you can marry your love life.

Answered on 6/05/11, 10:24 am

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