About love marriage after marriage of bride
2 years ago
Hello sir, I loved a girl for 3 years after few days my love matter was know to her family, I spoke with her father about my idea that I will marry your daughter after getting a job or after 1or 2 years after job trials. He said her family members didn't agree because I'm lower caste then there caste. After few months they arraged her marriage, at that time I'm unable to marry her.. after few months I got a call from her that she is not happy there and she wants to live with me and I want to marry her. But my friend suggested me if you do like this, it may become a illegal matter so it's better to take a legal advice and then proceed.. so sir I'm requesting you to please give best advice to me please sir
A.Dear Sir,
First ask her to get divorce but it is not so easy otherwise if you marry her you will be booked for following offences.
Section 498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
As she is already married, you can not live with her. You can find out the reason for this and if there is any mental cruelty, wait for a few more months and file for a divorce on the basis of cruelty or mutual consent if her husband agrees.
Thank you.
Advocate Sinjari Bandyopadhyaya
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