Legal Question in Family Law in India
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 with me without my consent in a very aggressive 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 (Without any agreement on paper with the land lord and there will be no money receipt for rent) 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 on rent basis. And can I get divorce from my husband if he does not wants to give me divorce? Suggest me how I can get divorce quickly.
4 Answers from Attorneys
if you both are ready for mutual consent divorce then it will be quick.
contested cases, normally, take time. As suggested by Mr. Aniruddha Pawse, your best remedy is to have consent and then apply for mutual consent divorce.
It is not advisable to live with any man without marriage UNTILL your first marriage is dissolved by a court of law. Such living may be very very troublesome for both of you and may land you up in jail also. If your husband is willing for divorce, you may quickly get it. If he is not ready for divorce, you may file a criminal complaint / F.I..R against him for cruelty and under D.V.A.
Advice : First divorce, then remarriage.
despite the fact your divorce is pending, considering the fact that men and women are equal, even men during pendency of divorce go for such relations, then why cant a woman. you may go for the newly found love but it is advisable to not to stay with him as husband and wife and even the rented accommodation must not be taken showing him as a husband as it may be troublesome for you later.
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