Tell me law
Narsing Sahu
(Querist) 15 July 2014
This query is : Resolved
what to do if a girl who is just married 5 months back but she is not interested to continue with her husband and want to leave husband and go with other person. can she leave her husband without divorce or not.
Laxmi Kant Joshi
(Expert) 15 July 2014
she can't leave her husband without divorce and re marry with another person if she do so then she will be covered under the criminal offence of bigamy u/s 494 ipc , and according to hindu marriage act sec. 11 her second marriage is null and void , you can also filed adultery case u/s 497 ipc against that person.
Devajyoti Barman
(Expert) 15 July 2014
repeated query...
To leave husband one certainly does not require divorce.
Anirudh
(Expert) 15 July 2014
Mr. Laxmi Kant Joshi has given a very correct legally tenable answer.
Sunil S Nair
(Expert) 15 July 2014
Best follow advise of honourable expert laxmi kant joshi,,, rest is upto you what decision you want to take
Narsing Sahu
(Querist) 15 July 2014
mr devajyoti burman had answered that to leave husband one certainly does not require divorce. so please clarify me then what to so that it will be easy. and is it possible to her for applying mutual consent divorce within 5 months of marriage.
ajay sethi
(Expert) 15 July 2014
for MCD both parties have to stay separate for one year before applying for divorce by mutual consent .
no application for divorce can be made within first year of marriage except in exceptional circumstances
Narsing Sahu
(Querist) 15 July 2014
mr ajay sir please - marriage is just 5 months and they two are ready to apply for MCD so tell me what is exceptional circumstances.
V R SHROFF
(Expert) 15 July 2014
Live separate for a year and file 13b mcd , to get divorce in another 6 months: So must wait till at least another 18 months to re-marry... NO OTHER GO.
Dr J C Vashista
(Expert) 15 July 2014
Divorce within a year of marriage, that too the lady want to live with another person? why did she get married? if married why does she not want to continue?
Repeated query.
Biswanath Roy
(Expert) 16 July 2014
Although the query is fallacious but she can leave her husband by descertion without taking divorce.Her decisive power is very poor that's why she took five months time to think over the end.
Raj Kumar Makkad
(Expert) 16 July 2014
One year clear separation is must for filing MCD.
T. Kalaiselvan, Advocate
(Expert) 16 July 2014
for proper and legal action, i.e.,divorce, separation of one year and then MCD case which will take another 6 months is one option, another option, just after completion of one year, a petition for divorce on the readily available grounds namely, cruelty can be applied, in which, if the husband, upon receiving the summons expresses his unwillingness to live with her anymore and files a memo seeking permission to submit to the decree as prayed for by her, the divorce can be granted in a more shorter period. If she wants to live with another person without undergoing the above processes, she can do it at the cost of risking herself to any legal action that may be slapped on her.
