Legal Question in Family Law in India

for this you have to give divorce to your 1st husband then only think about it.

what do u want to do with kids, want to keep with you or leave to their father? both are possible.

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Though you are not seeking counselling, but, it will be really advisable for you to think seriously about your decision. If you have issues or problems with your husband then it is a different situation. Since you have not mentioned any problem with your current husband, and, you have two grown up children 13 and 15, you must appreciate the impact of your seperation on the two young minds. Coming to your question, you got to have one of the grounds mentioned under section 13 of the Hindu Marriage Act. Desertion and Cruelty are the two grounds. but, you have not given any facts to see if desertion and cruelty do exist on the part of your husband. If you leave him, ground of desertion is available to him and not to you. Unless, you talk to your husband and go for mutual divorce, then, that is only legal remedy. About kids, you will have to seek their custody, if you so desire, until they are 18. Once they are 18, it would be their free will.

you approach for mutual divorce it is better for you to go to the councellor for councelling.

Explain your piquant situation to your present husband and i think he would understand your feelings . then go for mutual consent divorce . Do you want to keep the custody of your kids or not ?

for the first part i m agreed with Mr.Vishwarya and as per legal advise i wuld suggest u to talk to your husband for mutual divorce.the other ways wuld lead a bad impact on your kids .so if its settled between u and your husband than may u find out a better way.if not than there wuld be another ways

To get re-married, the first step is to get Divorce from your first husband. Under the law, you cannot get divorced only because you want to leave your husband for your second affair. Only possibility is to get divorce on mutual consent. So better speak to your husband about this.

Regarding Child, again you have to discuss it with your husband. If the case goes to the court for child custody than chances are positive that your husband would get the child custody and not you.

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