Legal Question in Family Law in India

divorce & children custody

I love a girl who is already married with two children. We want to marry together. She is not in relation with her husband for more than 6 years but they still live together. I want to marry her. Her husband is ready to divorce her but he is not ready to give the child to his wife. She(whom I love) can't live without children and she can't live without me. we want to marry and i am ready to keep children with me. I am in dilema how I can get marry to her and how can she get her both children. Pls help me. what should I do.


Asked on 10/14/08, 1:20 pm

4 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: divorce & children custody

she has to get divorce and permanant custody of children from court

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Answered on 11/22/08, 2:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce & children custody

Your facts are not complete. The divorce and children custody are two separate issues. Let the lady first obtain divorce; the custody orders are variable and may change as per situation. You can marry her only after her first marriage is dissolved.

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Answered on 10/14/08, 11:42 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: divorce & children custody

try n restrain urself from spoiling the life of her, her husband and children. u just need to control ur emotions and attraction towards her and the complications would be over otherwise, life may become hell for all of you and the children would suffer for the mistakes of their elders.

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Answered on 10/16/08, 3:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorce & children custody

She has to obtain divorce and then apply for child custody.

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Answered on 10/16/08, 9:19 am


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