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Divorce from husband who has deserted and living with another woman


08-Oct-2023 (In Divorce Law)
I a Christian woman have been seperate from my husband for past 11years , as he was living with another woman andalso had a child. I now wish to remarry and as such require a Divorce. The house I am living in , is in husbands name, but I have been maintaining all these years. We have a 23 year old son . Please advise
Answers (5)

Answer #1
543 votes
Dear queriest, As per query you have been separated from each other since 11 years, and now you wanted to have divorce and get remarry. So it's better to get divorce by mutual consent so that the effect will be too early. For the same call me on my numbers
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What if a married man married another woman?

Section 494 IPC punishes bigamy with a maximum of seven years and a fine. In this case, it was reported to the Court that the divorce between the husband and wife is still pending at the Family Court. 6 days ago

Can a married man marry again without divorce?

According to Section 494 in the Indian penal code a second marriage is prohibited and illegal.

What happens if you marry someone while still married?

According to the law, marriage is a legally binding contract. By marrying again you are breaking that contract and entering into a second one illegally. Bigamy is classified as a Class C felony. If convicted, you may receive a fine up to $100,000, or be imprisoned for up to forty years.

How can I leave my husband without divorce?

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Answer #2
861 votes
This is my response to you:
1. Firstly you must approach him and ask for mutual consent divorce;
2. Mutual consent is a faster process;
3. If he does not agree then file contested divorce;
4. Ask for full custodial rights of the child, ask for no visitation rights to husband etc.;
5. Also ask the husband to gift the property to you (collect proof of you maintaining the house);
6. Consult a local lawyer and start the process.
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Answer #3
549 votes
This is my response to you:
1. Firstly you must approach him and ask for mutual consent divorce;
2. Mutual consent is a faster process;
3. If he does not agree then file contested divorce;
4. Ask for full custodial rights of the child, ask for no visitation rights to husband etc.;
5. Also ask the husband to gift the property to you (collect proof of you maintaining the house);
6. Consult a local lawyer and start the process.
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Answer #4
888 votes
Dear queriest, as per your query you want to remarry and want divorce from your present husband, if he ready for the same you can opt for mutual divorce. And question of house even though you are maintaining you won't be having any right since you remarry some other person
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Answer #5
679 votes
Hi,
As per your query you can get legal divorce from your husband.you can take defence for divorce as desertion, immoral behaviour,not maintained you. But in house you are residing now cannot reside after divorce if your husband not permit to reside in that house. You can claim alimony amount from husband.
You can remarry after divorce.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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