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Can Hindu married woman marry another man & get pregnant in USA ?


16-Nov-2023 (In Divorce Law)
2018 - Caught my wife Cheating (WhatsApp Chats,Photos,Hotel Bookings,Emails to prove adultery).2019 - Mutual Divorce Filed (child custody with father in that petition).2020 - Divorce Delayed due to COVID restrictions as father was not able to come to India & during that period the child was with the mother but in matrimonial house only.2021 - She flew to USA on tourist visa with the male child in absence of child’s father & also didn’t informed anyone at matrimonial house.2022 - Got pregnant & delivered a male child in a live in relationship with an Indian man. (Photos, IG Reel & FB post to prove all above).————nQ. Can a Indian married woman marry / live with another man in USA without divorcing her first husband?nQ. Can a Indian married woman delivers another child with another man without settling her first marriage?nQ. Is it a crime in India or in USA as per law?nQ. What benefits I will get in above scenario?nQ. Need genuine advice & a lawyer to file my case in delhi.
Answers (4)

Answer #1
810 votes
If your marriage took place in Delhi and if you are residing in Delhi then you can always file a divorce petition against your spouse under cruelty grounds because bigamy is a punishable offence here and without settling your first marriage you can’t just go outside. For more legal assistance I will be just a call away.
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Answer #2
516 votes
Hello

Marrying someone else while being married is an offence. But having a child is not an offence. It’s just a ground for divorce that you can take. You can file for divorce on ground of adultery but cannot take it to a criminal case.


Regards
Adv Sakshi Garg
Delhi High Court
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Answer #3
599 votes
adultery is not an offence as of now, since supreme court has declared section 497 pertaining to adultery as unconstitutional. However, adultery is a ground for seeking divorce i. e. contested divorce is granted by courts in India in such cases.
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Answer #4
838 votes
It’s unfortunate but not a crime but a ground for Divorce only with No Alimony
U can take custody of your child Incase same has not be returned to you
I have handled many inter country cases and aware with it Incase ur wife has any family or properties in India they can utilised in someway at a later stage

You can contact me for further discussion
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