in Family Law Civil Law
Asked May 17, 2017

lady not able to get divorce but wants to marry another person

  • 2 Answers

Hi . I am a govt. employee and want to marry a lady with two kids. She is already married but her husband left her and ran away 4 years back. That guy was a ruined human being and during his stay he had done all sort of cruelty on her. She has filed divorce but nothing is happening . I want to marry her and adopt both the kids . my questions : 1.Can I marry her before divorce ? 2.what are the options I have ? There is only 1% chance of that guy filing any case against me. 3. No one is coming from husband's side on court hearings . 4. even if they file case against me , will the order be in favour of me as the Supreme Court keeps educational and social welfare of children above everything ? 5. they are lot of audio recording to prove he is not a nice guy and not safe for kids to live with him.

Answers 2

You can't marry her, untill she obtains divorce from the Hon'ble Court, because her marriage is subsisting even though her husband left her for 4 years, he may come back. You did not mentioned anything about the stage of the divorce case pending in the court. So whatever be the stage, she has to obtain divorce from.court. if you marry her, the.marrige between you and that lady is not at all valid and her husband's can file case against both of you.

Agree Comment 0 Agrees over 4 years ago

If you marry her without her divorce then you will be heading towards criminal liability. There are offences against marriage under Indian Penal Code and it covers Bigamy and Adultery as offence.

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 497 in The Indian Penal Code

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Agree Comment 0 Agrees over 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.