Legal Question in Family Law in India
Divorce/live in relationship & rights
Want to marry a person who is married but living separately frm his wife for almost 8ys now(was married for about 6 yrs). He is out of the country for last 8 yrs whereas his wife is in Inidia. His wife had filed a divorce case against him, which she eventually withdrew. In this interim period I got in touch wt him thru a matrimonial site. I thought he was a divorcee. He himself was sure to get a divorce soon. He is totally against re-conciliation n desires to marry me. So do I. My question is how to go about seeking divorce (his wife is a lawer) and secondly as it may tk long for divorce to happen, if we start living together as man and wife what could be legal hassles and if divorce doesnt come thru easily what would be my status/rights (as he is a NRI in middle east). Whats the best way to go about it as we r already 44 and he 45. He tried to settle things out of court amicably to which his wife/in-laws remain silent. Till now for over 4 yrs we kept waiting for their response. But nothing happened. Pls advice and give us a solution so that we can start our life together. Now we are emotionally attached to each other. If he files a divorce case how soon it can be resolved n what complication can arise as he is out of the country.
9 Answers from Attorneys
Re: Divorce/live in relationship & rights
Without getting divorce from first wife the boy can not marry you otherwise it will ammount to adultry.and your status will be of mistress only and the marriage will be nul and void.
Re: Divorce/live in relationship & rights
Firstly, he should immediately file for divorce; it may take between 12 to 24 months, but the process should start as early as possible.
Secondly, no law bars you from living together; of course, your status would be only of a friend, and unless he adequately secures you during his lifetime, you may not be entitled to any of his assets after he expires; even though your children, if any, will definitely be entitled.
Re: Divorce/live in relationship & rights
good morning
well there are options available . you can mail me or else consult me if you are from ahmedabad
Re: Divorce/live in relationship & rights
you have not mentioned which place in india you belong to. it is not advisable to live in with a person who has not been divorced as yet. rest can be discussed through mail.
Re: Divorce/live in relationship & rights
Tell the concerned person to get divorce from his wife either by mutual consent or filing divorce case by invoking the provisions of law. There is no time bound for the decision of divorce case.
You will not get any legal status of a wife till your said person will get divorce from his wife
Re: Divorce/live in relationship & rights
last question first : if he files divorce case in India, the cannot possibly be resolved in near future because (a) his wife is a lawyer; and (b) he does not live in India;
about your status without him getting divorce : legally, your status will be no better than that of a mistress or a concubine; however, you can inherit his self acquired property if he leaves a will in your favour.
Re: Divorce/live in relationship & rights
your status will be on shaky grounds as without divorce he can not marry you and you will not be his legally wedded wife.
if u still choose to stay with him then you will be mistress only. though you will still get some rights.
Re: Divorce/live in relationship & rights
presuming that you and he are hindus until he divorces his previous wife his marraige to you is not vaild. if you live together without his divirce coming through he will be guilty of commiting adultery. Let him try to speak to his wife and convince her for a mutual consent divorce and then you both can marry
Re: Divorce/live in relationship & rights
Assuming that this pertains to a question pertaining to a Hindu marriage, options are available. Further discussion possible through email and help available only if in Delhi.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
