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How to get divorce when one party not ready


17-Jul-2023 (In Divorce Law)
My girlfriend got married to other guy 2 years back because of her parents but he married her because of her family property.after marriage he started asking her parents about property, if they say no he use to beat her , he only needs money, now her parents know all about it and they applied for divorce and he is not accepting the divorce and he is trying to marry secretly other girl , and I m ready to accept her because I love her still , but I m not like trying to separate both but he is not at all good he is beating her so I don't like him, and now on him they filed a case and he is trying to marry other so can I marry my girlfriend or what to do now.
Answers (5)

Answer #1
798 votes
Hello Query no.103834

Stay out of the business of a married couple. A man is liable for prosecution under the laws related to adultery. In simple language it means that you will face criminal charges for having an affair with a married woman. Wait for the married couple to sort things out amicably and legally.

The victimized woman has concrete rights under the law. The husband who is cheating and beating his wife needs to be booked at the earliest as per the law. The victimized woman must approach the nearest police station at the earliest.

"Ensure safety of your victimized friend before planning to marry her."
Answer #2
868 votes
No, you can Marry with her after divorce, if her husband try to marry other girl, collect proofs and submit before the court , file 498A against him for illegal demands, file interim maintenance application furing pendency of divorce matter. Once maintenance passed he will give the divorce
Answer #3
825 votes
Dear Querist, as per your query you seems to be the broken heart. If she has filed divorce please let me know the details, if it is the case then let her fight the case get divorce from her husband and then you are free to marry. secondly if her husband is marrying secretly, she has whole right to disclose this fact, which the court wont at all accept and he will be punishable, As per our India's Law: Bigamy is defined as an offence not only under the criminal law but also under HMA, Section 17, HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC
Answer #4
525 votes
You cannot marry her or stay with her legally till she gets decree of divorce for which she or her husband has to file a suit for divorce by mutual consent and after one year of judicial separation decree of divorce can be expected and granted.
Answer #5
951 votes
Hello
During the existence of first marriage no one spouse can do second marriage unless and until marriage will not be break as per the law of the family.
If you have any query then
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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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