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I am in love with other guy, need divorce from husband. Please advise.


29-Jan-2023 (In Divorce Law)
Hi Iam married women for 8 years with 3 kids, Iam Un happy with my husband, Iam in love with other guy, we were talking over phone since 6 months, one day my husband caught me talking over phone with my boyfriend, after a few weeks of that incident me and my boyfriend left from home, my husband filed a missing case and kidnap case on him, after two days I went to parents home and with them I came to police station and withdrawn the case, and went to my parents home, now I don't want to live with my husband, I want to marry my boyfriend, but my husband, in laws and my parents are not accepting for it. Please suggest what to do? And who can adopt my kids? Is there any chance that again they can file any case on my boyfriend? My religion is hindu and my age is 25.
Answers (1)

Answer #1
788 votes
Hi
You should file for Divorce on the grounds of irretrievable break down of marriage or on the grounds of cruelty as without divorce proceedings if you were to marry your boy friend, then it is likely that your husband will file a bigamy case on you under section 494.
So better to file for divorce and then get married to your boy friend.
You can choose to keep the kids with you or ask the courts to grant custody of the children to your husband.
Against your boy friend, your husband has the option to file an adultery case under 497 of IPC

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