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queshow can i take child custody without Divorce

Mr X and Mrs Y married in 1997 they have three children 15 13 8. X was challend in case of bigamy by his wife they are living seperately now for 2 year. X is living with other divorcee lady Z. I am in love with Y. we want to marry it is necessary for me that Y has to take divorce so how we can lead a married life. X and Y want that all the childs remain with us .is it possible

  • ans

    We suggest that Y should withdraw the case wherein X was charged  for bigamy.

    Thereafter they should file a  1st motion joint petition of Mutual consent divorce under Section 13(1) B OF Hindu Marriage Act. In the said petition specify that the custody of children shall remain with Y.

    After hearing the joint petition , the court will allow First motion, As per the procedure, X and Y will have to wait for 6 months. AFTER  6 months parties can file second motion and  accordingly the divorce will be granted on Mutual consent

    After divorce you can marry Y.

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