• Complicated - relations

My girlfriend got married few days back under family pressure , but she says she is admant to return to my by divorcing her husband after creating a situation ? I am aalso aadmant to acccept her . What should be the way ahead to get together for both of us and how safe it is for me in india as per 5 year imprisonment law for lover in india ? Would holding a Permanent residence for any other country and staying abroad could safe guard me from this law ?
Asked 7 years ago in Family Law
Religion: Hindu

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17 Answers

Firstly, ask her to not to disclose anything to anyone, and file for divorce by giving any excuse.

Secondly, do not thing of getting any alimony from the boy as later on he would prove very easily about her adultery.

Thirdly, he can file a criminal case against you if he happens to come or somehow bring any proof that his wife and you had intimacy after the marriage if any just on the ground that you know the fact of marriage.

Fourthly, and lastly, try to maintain distance till the time she gets divorce.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hi,there is no legal offence that can be initiated other then the adultery .. Even while levelling charges of adultery , a physical relation has to be proved .... The legal way is that, she has to obtain divorce from her husband .. Only then she can marry you ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Hello,

She can not take divorce before 1 year of the marriage.

The same shall not protect You, moreover you will not get the right of permanent residence in any country so easily and within 2-3 years.

You may wait for her to tak divorce Nd once she gets the divorce you can marry her.

Also please explain as to which law you are talking about with regards to 5 year imprisonment for lover.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) lady should file petition for anullment of marriage as she was forced to marry against her wishes

2) if husband contests anullment proceedings it would be a long drawn affair

3) marry her only after her marriage is dissolved by court orders

4) if you have physical relationship with her case of adultery can be filed against you under section 497 of IPC

5) mere staying abroad would not save you from the clutches of law

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

1. if she has recently got married then beofre passing of one year she cannot manage to get divorce even if her husband becomes ready to give mutual divorce.

2. If you stay staying with her beofre her divorce then her husband may file case u/s497IPC and other host of charges.

3. However of your GF wishes she can stay separate from her husband but you do not stay with her in regular fashion .

4.once she gets divorce you can not marry her also..

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

According to Section 5 of the Hindu Marriage Act consent of wife is mandatory. If there is no free consent of wife then wife has right to file a suit and get declare marriage null and void by the court. She may prefer a civil suit before the family court under Section 11 of the Hindu Marriage Act for nullity of the marriage. Without getting decree from the court she cannot solemnize any other marriage. This marriage is void under section 11 of the Hindu Marriage Act.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You can marry her legally, only after she obtains a divorce from her husband.

So, I'll advise you wait till the time she obtains a divorce. This would be the safest course.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Dont reveal that you are her boyfriend and ask her to go for divorce either, mutual consent divorce is best optioin, for contesting divorce one year of marriange is necessary.

You can go abroad but even then fir can be filed against you

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

Dear Cleint ,

There`s no law in India to punish lover, except he have illicit relation with married women (Adultery) i.e. intercourse and this is applicable on every person of any nationality, if committed in India.

U r free to maintain relation but no intercourse until she is divorced or judicial separated.

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

She should talk with the husband and opt for the mutual consent divorce.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Indian laws cannot accept your desires

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

What is that 5 years imprisonment law you are referring to here?

Are you both majors by age?

Firstly she has to quit her married life but she cannot file divorce case within one year from the date of marriage, she has to create grounds for divorce even after one year of marriage.

For the present if she is not willing to get along with the married life with him, she can file a petition seeking annulment of marriage on the grounds that her marriage was forced on her against her willingness.

She cannot elope with you quitting her matrimonial binding with her husband for this reason, he may file an adultery criminal complaint agaisnt you, and if you both get married without dissolving her previous marriage, then it can be termed as bigamy and the criminal charges under section 494 IPC will be framed against you.

Running away from the country with her to another country will not be a permanent solution.

Your marriage with her without divorce from her previous husband will not be recognised in any country across the globe.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

No, he can't file any case on her accept for filling a divorce case and that is also for adultery where he does not have to pay anything to her as alimony even if he proves that you are having something (just support also) because you were in relation earlier.

You can marry her, the moment she gets divorce from the court.

And yes he can prosecute you for adultery but, here he will have to prove that after marriage you slept (sorry for this word but have no option to make you understand) with her which is not so easy for him. So, relax and be careful.

Good Luck

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. Supporting the girl financially canot be termed as an act of adultery.

2. If he has any proof of acts of adultery he may lodge a criminal complaint with the local police

3. No, not against her.

4. After three months.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

If you had physical relationship with girl after marriage case of adultery can be filed against you

2) law regards wife as victim and no case of adultery can be filed against wife

3) husband can however file for divorce on grounds of mental cruelty and adultery

4) you can marry the girl after period of 3 months of obtaining divorce

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

Yes he can file a case against you and also against her wife not criminal but the same will become a ground for divorce.

After 90 days it is advised that you marry her, the same is the time for appeal.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

2. Yes. Moving a complaint against you will never be a trouble for him but whether of not such complaint succeeds is another thing.

3. Yes. He can obtain divorce from too, in the present set of circumstances.

4. 90 days, in case the divorce is not challenged during the said period.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

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