Can girlfriend marry and live with me w/o taking divorce from husband?

In Divorce Law

Can my girl friend live with me and marry me without taking divorce from her husband? I love my friend who got married in 2007 and she has a 4 year old child. Her married life is not going good. I want to marry her but her husband is not willing for divorce, but we both want to marry.

Please advice me that can she live with me and marry me without taking divorce with her husband? Is that legal? And what is the process to take divorce after she starts living with me?

Please tell me what action can her husband take against me? Will that effect my job and what about her child custody? Thank you.

Answers (1)

117 votes

We would advise you to not to marry the girl you are in love with, till the time she obtains a decree of Divorce from her first husband. In case her husband does not agree to give her Divorce, she can file a petition to obtaini Divorce under the various grounds available to her under the Hindu Marriage Act and, we must caution, that she will have to prove the grounds / allegations made by her.

Her simply alleging any of the grounds will not grant her Divorce as the petition will be duly contested by her husband.

Further, she will also have to obtain the custody of the child, which we doubt, the husband will give easily.

Incase she starts living with you, without obtaining divorce from her first husband, then her husband can level allegations of adultery and bigamy against her, which is a criminal offence and can also effect your future, as she will be in adultery with you.

It may or may not effect your job, but yes, your future life will be at stake.

You have not provided any information about her marriage and her relation with her husband and in-laws, as in are they living in a harmonious relation or there is trouble of any kind in her marriage? We are listing the grounds on which a petition for Divorce may be filed under the Hindu Marriage Act 1955 for your and your friend's knowledge:

Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.

Our suggestion is that your friend should file for a Divorce from her husband either on mutual grounds or on any of the above mentioned grounds based on the facts, and once the Divorce Decree is granted, you may opt to proceed with your relation with her accordingly.

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