Legal Question in Family Law in India
According to your earlier answer you have asked the ground of divorce, so I am sending you the fresh question to you for your valuable advice. I have filed divorce under hindu marrage act on nov'2009. Main ground for divorce are - (1) My husband torture me physically & mentally due to I have no child and I am medically unfit to conceive. (2) My husband always make relation wirh me without my consent in a very agressive manner which a human being does not do in the bed with her wife. My father is not alive,my mother is helpless to give me shelter at her home because she is poor and I have no brother and sister. So I live with my mother's sister home. Someone is ready to marry me after divorce. So if I stay with the person during this pending case then Is there any problem if there is no proof to my husband of staying with the person. The person will not leave with me, he will leave with his parent and he will arrange a rented house for my shelter and he will come once in a week to stay with me so that no one can know about the court case because the rented house will be taken by telling them that we are husband and wife otherwise no one will give us room. And can I get divorce from my husband if he doesnot wants to give me divorce? Suggest me how I can get divorce quickly.
1 Answer from Attorneys
Basically your case for divorce on the grounds of cruelty is pending. You are taking a risk by living with the person in a rented accomodation under the guise of husband and wife. You think that there will be no proof to your husband of staying with the person, but, you seems to be a very simple bholi and vulnerable. the lease deed itself will be a very big proof. What if tomorrow your husband finds it out, one way or the other. then? He may contest the divorce that it is you who is causing cruelty to him as well as party to adultery while your fist husband is alive.
You are also inviting problem of bigamy. I will re inforce my suggestion that let this person wait till you are formally divorced and then you should marry and live with him. till then, you may ask your husband for maintainence, litigation expence. Also you may ask for compensation under Domestic Violence act while living with your maasi.
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