Legal Question in Family Law in India

Re: Hindu marriage/Divorce/live-in

sorry we cant advice on whole case here. legally u cannot live with anybody else till u r not divorced but living with somebody is not barred ... difference is that the girl will not get the legal rights of wife

Re: Hindu marriage/Divorce/live-in

Well the questions you have put are almost in "grey" area. In my opinion, a "live-in" relationship is not allowed during the subsistence of a valid marriage; The Live-in relationship has been recognised in law after enactment of the Protection of Women against Domestic Violence Act. Point-wise answer is :

(1) Strictly speaking, the answer if NO. Because this amounts to frustrating wife's remedies against the husband.

(2) Divorce is not a matter of right; she is entitled to refuse. If you are not guilty; and if in your opiiion she is guilty of any matrimonial offence, you need to prove your case in the court; mutual consent divorce is not the only method to seek annulment of marriage;

(3) Yes, the wife would be legally entitled to take action against the man; not only in law but also socially; she can organise a dharna against the man living with another woman and may also put pressure on the police to take action; if not strictly illegal, the man's action is surely immoral as per social norms in India;

(4) Filing of divorce does not entitle the man to start a "live-in" relationship; it shall be illegal and attract punishment;

(5) Live-in relationship has legal sanctity and the woman living with the man in such relationship is entitled to all rights that are available to a wife;

(6) & (7) - There is no other way, except to seek annulment of your first marriage, for starting a new life. The "middle age" is no ground. You need to first get out of the first marriage by way of legal annulment. Otherwise, you action may amount to indulging in prostitution. Living with another woman, during subsistence of your first marriage, is neither legal nor safe.

No help can possibly be rendered to you except to advise you to expedite your divorce by securing consent of your wife on her terms.

Re: Hindu marriage/Divorce/live-in

1)Yes

2)He cannot marry the woman before taking divorce. if not responding for mutual consent go for contexting.

3)Yes file case under domestic violence act etc.

4) to 7)divorce is the only answer.

Re: Hindu marriage/Divorce/live-in

Your answers are herein mentioned:

(a) No you cannot stay with another women. Its strictly not legal.

(b) He cannot marry another without taking a divorce for the court of law.

(c) As far Indian Laws are considered the wife can take action and can take a police actions as well. She can also take an action socially as well.

All other question have got one answer that is divorce BUT I am of the opinion is not enter into such legal complications it might destroy someone's life.

Take the best solutions to settle the matter amicably or else there is one only way and that's divorce.