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Name mentioned in divorce petition of livin partner is it a problem
23-Aug-2023 (In Divorce Law)
I belongs to hindu community.I love a married girl MM who married DM.Both are agreed for mutual divorce.During filling petion DM wrote that MM live with me now.And both party live separately from 2016.Could the statement be problem for me ?How can i erase the statement ?
First of all you have nothing to do among the married couples till they divorce legally.
If she agrees that she live with you then you may fall in a legal problem under adultery .
If they are living separately since 2016 I don't think there should be any problems for their divorce.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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I don't think there will be any problem to you if u refuse to accept that MM is living with you and MM support your version.After divorce u can marry to MM only
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Adv. Ved Prakash Shaw
Bhubaneswar | 100+ Answers
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Couples living together under the same roof for a long period is presumed to be married couples. Such observations has been held by the Supreme Court while deciding a matter where Couples were in living in relationship. Hence, unless the divorce is not done, try to avoid these situations. Well the statement cannot be erased, once its being recorded before the court of law.
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Adv. Rajdeep Pradhan
Cuttack | 100+ Answers
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Dear client,
You mentioned that both parties has filed mutual petition for divorce. So the present status of their living is immaterial. They are eligible for getting decree of divorce as they are not interested to continue their marital status. So after getting divorced that girl whom you love is legally free from her previous status so you will never face any problem in future if you will marry her.
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Adv. Bisweswari Mohanty
Bhubaneswar | 50+ Answers
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First of all, what the other person DM writes in his Matrimonial Case, as you are not a party to the said case, and do not have any control over it , any statement made therein should not be a concern for you. But it should be a concern for his wife MM, who should not agree to such a statement to be included in the mutual divorce petition and insist for the deletion of the same before filing the joint petition.
As you are not a Party to the said proceeding, you, yourself can not do anything in that matter, but can ask MM, who is a party in that matter to object to such a statement. But the statement can not be erased , if already made in the joint petition and signed by the wife MM. But still , It can only be disputed or protested at a later stage by filing separate application by the wife MM, but before passing of judgement or Decree.
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Adv. Pradipta Varma
Bhubaneswar | 25+ Answers
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