Staying in live in relationship wants to file for divorce

Hi, I started living with a girl since 2002. We did not marry with any rituals or in temple and also did not register. However we had a baby from this relationship. That girl has made my life hell now. I am living a really painful life. There is no relationship between us even though we are staying in same house, we hardly communicate. In some documents like voter card, aadhar card, I have put her name as wife and she has put my name as husband. I want to move on and marry with someone and live a new life. In this situation, do I need to go to court and apply for divorce. Or am I free to marry. I am happy to continue to provide living expenses and separate accommodation to previous live in partner. Please advise.

Answers (2)

118 votes

These live-in relationship are very rare cases in Jammu. But today different high court have different view in relation to couples lived under live in relationships. In your case you have spend 15-16yrs with that gal and having a child. Your I cards bear each other name and your children I card also mention u in father name. So if you marry without divorce she can file bigamy complaint against u. So it's better if you go for mutual divorce. Rest these cases can be discussed after a long discussion.

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327 votes

Since you were in livin relationship with your partner so it cannot be considered as a valid marriage unless your partner is having a solid evidence to show that her valid marriage was performed with you with some kind of ritual. under such circumstances you can marry some one else of your choice but your partner may claim maintenance for herself and the child. If you are resident of J&K then she will not be entitled to maintenance but if you are resident of anywhere in the rest of the country then she may claim so. She may also file some other cases against you including some criminal cases. To get rid of the same, I advise you to firstly file a civil suit against her and seek a declaration that you are a bachelor and with a consequential relief of restraining your partner from claiming herself as your wife and also not to interfere into your peaceful life. Know about rest of formula in your case by asking Team Lawrato about my contact.

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