Hi, only solution for you is that if your girl friend is ready to come with you, she has to get divorce to her husband and she has to marry under special marriage act. However her marriage is solemnized and she has to wait for 1 year for applying divorce and she can able to marry you only after she get the divorce from her husband.
How to proceed legally
Hello, I and my girl friend loving each other from 2011. When I ask her parents they refuse to marriage. Then She scared and living with me(Living Relationship). Up to Apr 2014, she manage without knowing this process to her parents. But they fix marriage with someone. She told not interested, but they are blackmailed her (if you are not doing this marriage we commit suicide). But she doesn't like bridegroom. On 25th Apr 2014 they got married (At this time i'm not in that place, due to family reasons i'm gone to my hometown). I told her father what's going from 2011 when they refuse. There are no feelings in her faces, just take it easy and told me leave it and sorry. She is not interested to take him as husband. so, her parents cut all her contacts (Friends, me etc.,).Because whenever she talk to me definitely she came with me, they knows. So, I want to back my girl friend and I want to marry her LEGALLY. Then what is Solution?
Asked 10 years ago in Family Law
Religion: Hindu
11 answers received from multiple lawyers
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11 Answers
1) if your girl friend loved you she would not have married another man . now she is married and cannot get divorced for one year atleast .
2) dont keep any contact with her . dont send her emails and never call her .
3)let her decide whether she wants to leave her husband or not . if she divorces him then you can marry her
But how can she know I'm waiting or not (without any contact)
Asked 10 years ago
now she is legally wedded wife of someone. now she can not apply for divorce till one year. if she knows also regarding your wait also it is of no use. after one year year you may find out
if you keep in touch with her and her husband finds out he will make your ex girl friend life miserable . he may even file case against you . hence call her if you want for last time that since she is married you wont remain in contact with her in future .
I told her today, she is ready to take divorce and come with me after 1 yr. so we decide we don't contact each other up to this one year. And one more thing is her husband knows about our love story, bcoz me my ex-girl friend worked in a office, in that same building beside of my office, he stay and he saw both moving closely. I think he want her physically only.
Asked 10 years ago
Up to this one year is she safe? what are steps she take for safety?
Asked 10 years ago
she should inform her husband that she wants divorce . does not want any maintenance . if her husband agrees she can file for divorce by mutual consent after 1 year . she can go and stay in her parents place during said period
But here her parents are the main problem, If they knew about divorce, they want to kill her for prestige issue. How can she stay with them?
Asked 10 years ago
well it is your girl friend whether she wants divorce or not .
2) if her parents threaten her she can file police complaint against her parents
Now that your girl friend is married you can marry her only if she is legally separated from her husband. Since she was married forcibly to her husband the only legal remedy open to her is to move court for divorce.
If she still loves you and wants to be with you then she should clearly tell this to her husband with the objective of ascertaining his willingness to go for mutual divorce. If he does not agree to mutual divorce then your wife should apply for divorce after a year.
If her husband is not accepting for Mutual, Then what we will do?
Asked 10 years ago
then divorce petition will take years to be disposed of . forget her and move on in life
Recently I got this news, check the link and How is it possible? http://www.hindustantimes.com/india-news/married-woman-can-live-with-her-lover-court/article1-216975.aspx
Asked 10 years ago
Then she may unilaterally apply for divorce.
if married girl friend stays with you her husband will file case of adultery against you .
do you want to spend your time running around courts and spend your hard money on ever mounting legal fees ? it is your call