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Wife isn't agreeing to divorce
26-May-2023 (In Divorce Law)
Hi, I'm in relationship with a married man, his wife and he's staying separated since 2017 after they got married in 2015. As because he wasn't earning much his wife use to quarrel everyday and use to abuse verbally for this which leads to this separation. They filed divorce once in 2020 but due to the lockdown, the case got dismissed. Once they thought of getting together again but then I met him by chance. Since then he doesn't want to get back with her and wants to get the divorce as soon as possible but now she isn't ready for the divorce. She's also a lawyer and so for that she's using her power to dominate him. She's giving threats and harassing him mentally and also blackmailing for suicide. Please give any solution to this. We both want to stay together peacefully. And also if she doesn't give divorce can we stay together as a live in couple? Can she give any charges against this in future? And also if we take any baby in near future, will my baby get the legal rights? Plz help
Adultery is not a penal offence now so you can live in more particularly because he is in separation with his wife.
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Adv. Sinjari Bandyopadhyaya Banerjee
Kolkata | 400+ Answers
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no since he is not divorced and staying with you his wife can fily case against him it's better you file for divorce along with mental cruelty so that he will get the divorce as soon as possible on this ground and you can be his legal wife what is your jurisdiction....
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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yes there is a way in which you and your friend can get relief out of this and as she is a lawyer she is misusing her power and moreso you must understand that she is just creating a scene which she is getting guided for
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Adv. Aveek Bose
Kolkata | 500+ Answers
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first step would be to file a divorce. second step would be to continue with the live in status until the divorce decreed and appeal period expires. third step would be to know that getting a child outside of a wedlock doesn't make the child illegitimate as far as the self acquired property of the biological parents of such child. but the child will be illegitimate as far as ancestral property of the biological parents is concerned. finally if you marry before the divorce your husband would be guilty of bigamy a criminal offence.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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he can file divorce petition again before the appropreate court.
since adultery is not an offence by precedent of Supreme Court there is no bar to start a live-in relationship and this may help the divorce suit.
for further information contact me- hemantakumard90(@)gmail(.)com
81005(5)5(0)33
since adultery is not an offence by precedent of Supreme Court there is no bar to start a live-in relationship and this may help the divorce suit.
for further information contact me- hemantakumard90(@)gmail(.)com
81005(5)5(0)33
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Adv. Hemanta Kumar Das
Kolkata | 100+ Answers
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