90,000+ Legal Questions Answered
Divorce
5 years ago
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.
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.
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.
Helpful
Helpful
Share
Shreyash Mohta
Responded 5 years ago
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
Thanks
Shreyash Mohta
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
Thanks
Shreyash Mohta
Helpful
Helpful
Share
Sayaree Ganguly
Responded 5 years ago
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.
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.
Helpful
Helpful
Share
Rameshwar Dadhe
Responded 5 years ago
A.U don't have any such rights. She will file divorce petition
Helpful
Helpful
Share
Read Related Answers
How to Court marriage certificate cancelled without divorce
Dear Client,
Without a decree of a Court, a marriage even held and registered under the Hindu Marriage Act or the Spl. Marriage Act is not dissolved. So, if there is no scope for reunion or cohabitat...
Marriage problem
Dear Sir,
Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
My wife hardly stays with me what should I do
Dear Sir,
First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
Divorce case
Dear Client,
In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
Husband harrasment
Dear Client,
In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location