Divorce pending,husband in relationship with another girl what to do

519 votes

Kindly note that as the divorce proceedings is still pending and no finality has been given, the consequences of intimacy can be construed by the wife as adultery, thereby weakening the case. So for the benefit of the matter, kindly procure the order sheet which shows the time taken for the divorce and for speeding up the process it would be advisable to get a civil revision application done for quick disposal before the lower court and also consult with the Advocate On record as to deal with any legal action which the 1st wife may file as she may use such pregnancy and child as a leverage to the pending proceedings but since there is a substantial gap of 7 years, that is between the date of filing and the pregnancy, a petition should be made in respect of that stating separation for 7 years and on finding companionship and other grounds to show that your brother was in a vulnerable state and found love in the present partner. As due to pending proceedings he cannot marry his girlfriend otherwise that shall violate another law relating to bigamy and the consequences of which are dire. So as to protect your brother's interest the divorce process should be expedited and thereafter he can accept the other girl, otherwise either woman may file criminal proceedings if the divorce is not finalised and/or the girlfriend is asked not to be in his life.

Advocate Alakananda Das LawRato

645 votes

Dear client, your brother can get divorce from his first wife on the ground of adultery. Though the second marriage is illegal, yet as per the settled opinion of the Supreme Court of India, the baby born out of the illegal marriage is legitimate. As such, the first wife cannot take any legal action against such baby.

Advocate Amit Bandyopadhyay LawRato

780 votes

if your wife gets to know of such act on your part, where you have filed an adultrous case against her, you will also be in the same footing of being adultrous. You must not inform your wife of the same. Need more details to guide you better.

Advocate Aveek Bose LawRato

991 votes

Look, prior obtaining Degree of Divorce, if one can marry with another then he specifically come to section 494 of IPC including the lady also i.e., 2nd wife also.
Here in your brother's case, please cheak the Case Record after obtaining Certified Copy of entire Case Record (All Orders) and verify it through another Advocate. it is urgent and most important. I think you will see if there is any latches part from either side.

Advocate Sanjoy Acharjee LawRato