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Can wife live with another man during the process of her divorce
14-Apr-2023 (In Divorce Law)
I am not happy in my marriage and wish you to divorce my husband and get married to another man. What if I leave my husband's house and go and stay with my boyfriend (as I cannot go and stay with parent) whom I intend to marry after the divorce procedure is over. Does the law stop me from living with the person I wish to in the that 6-12 months duration which the court wants me to wait for the divorce process to get completed ?? Waiting for a reply
Yes you must first get a decree of divorce from the court and get your marriage dissolved. Just by virtue of the petition filed by you and you are living seperation that doesn't give you any right to go and live with some one else. In this manner you are committing extramarital affair. If this is proved your husband can easily get divorce from you.
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Your question: Does the law stop me from living with the person I wish to in the that 6-12 months duration which the court wants me to wait for the divorce process to get completed ??
Answer: There is a law which prevents you from prohibiting to live with your boyfriend. This is prohibited under section 497 of the IPC as well under section 13 of Hindu Marriage Act, which enlists adultery as ground for divorce;
The Court would give you 6 months as cooling off period if you can reconcile your marriage. So it is better you do not stay with your boyfriend.
I would advise you to do the following:
1. You can file for divorce;
2. File an FIR against the husband if he has mentally troubled you;
3. You can also seek compensation for mental torture, agony etc.
Answer: There is a law which prevents you from prohibiting to live with your boyfriend. This is prohibited under section 497 of the IPC as well under section 13 of Hindu Marriage Act, which enlists adultery as ground for divorce;
The Court would give you 6 months as cooling off period if you can reconcile your marriage. So it is better you do not stay with your boyfriend.
I would advise you to do the following:
1. You can file for divorce;
2. File an FIR against the husband if he has mentally troubled you;
3. You can also seek compensation for mental torture, agony etc.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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