Can I stay with another man with my daughter without divorce

I am in an abusive relation with fraud being done to me at the time of marriage. He lied about his age and also had someone else's name in the spouse column of his passport. I am suffering a fraudulent and mental harassment marriage which I want to end but he is not ready to divorce. Can I stay away from him with another man with my daughter. If so, can he take any legal action against me or can he legally separate me from my daughter. I don't want to lose her. I want the custody of my child to be with me only all through life. and also wants to stay with another person. Please help.

Answers (5)

92 votes

yes u can get the custody of your child but before stay with another man you should apply for annulment of marriage by showing the proves of your husband's first marriage.

Puneet Sharma ( District & Session Court Delhi & Faridabad)

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111 votes

Dear Client,

i advise you first to get divorce from him and then enter into any relationship with any other person, though you can live seperately.

he is not ready for divorce yet you can get it after filing divorce petition based on fraudulent behaviour and his marriage with some other lady before your marriage. you can also make complaint to police regarding his ex marriage.

as far as custody of your daughter is concern it depends on many factors such as age of child, earning capacity of custody holder, will of child etc.

for further clarification or assistance you can call or meet me.


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98 votes

I think i have already advised you on this query couple of days back, now you have come up with additional question that you need to stay with someone else. To answer your question, as already advised you may apply for annulment of marriage/ declare your marriage void in addition to filing case of BIgamy against your husband, since he was already married at the time of your marriage with him. Once that happens you may go ahead and live/marry with anyone. In the event you stay in live in relationship with another person he may charge you for infidelity/Adultery and on that ground seek custody of minor child. Since your case is critical you may contact me for specific advice with all details of your matter.

168 votes

Staying with another man without divorcing your husband is not an offence for you under the Indian Penal Code but your staying away from your husband will be termed as 'Desertion'. Moreover, the man with whom you will be staying will be liable to be charged with offences under Sections 497 and 498 of Indian Penal Code. You have enough ground to get divorce from your husband so it is advisable not to complicate the issue and get divorce from your husband before staying with another man.

344 votes

Mam u can stay with other person without takin a divorce.. But ur husband can fIle a case of adultry against the man with whom u r planing to stay..if fraud is done upon u so you can file a divorce petition .. After divorce u can arise with a compromise of the custody of ur child.. This is a more legal way

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