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Q. Divorce

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Bishwajit Jha

posted 4 months ago

Q.Divorce
I love a girl who also loves me. She is married and want to give divorce to her husband to live with me. Me and the girl want to marry and want to stay together. The girl's husband is aware of all this matter but refuses to give divorce. Her husband don't want her to go for him and for their children sake. What are the legal actions we can take so we can stay together. And also what legal actions her husband can take against us. I live in delhi. I would be very grateful to any help.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Dear Sir,
If you do more in this issue the following section attracts against you.
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.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

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A. ) There is no legal action any of you both can take.
However if both of you want to stay together then the girl can file a divorce petition and get herself divorced and then stay with you. Or else, persuade the husband to give divorce.
If nothing else works, the girl might also start living in adultery and the husband himself shall give the wife divorce on such grounds.
First legally separate the already married couple before making your own entry or else things will not be legal and no one will be able to help.
For further information feel free to contact me through Vidhikarya
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Shreyash Mohta

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 4 months ago

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A. ) Dear Client,
Look, marriage is indeed a big responsibility and so think before you act. She has got kids and she should take good care of them. If still you find things not working out then ask her to have a talk with her husband so that they can get mutually divorced. after that you can proceed with your marriage.
Thanks.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 months ago

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A. ) U don't have any such rights. She will file divorce petition

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