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shobha (none)     02 April 2011

Live-in relationship

Hi,

i have been separated from my husband since the last 1.9 months and we had signed judicial separation notarized on a 100 re stamp paper. Later we have also applied for mutual divorce in court officially last month. Now my husband does not want divorce and started harassing me mentally by phone calls, threats, obscene messages and what not!
 i gave statement (NC) to the local police station with all proofs asking for my security. Now i dont want to re-marry but wish to have a live-in relationship with my best friend. What can be the odds here? How can my husband legally harass us ? Please advice.




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 8 Replies

Tajobsindia (Senior Partner )     03 April 2011

@ Author

With recent development in between you two the Mutual Consent is gone for a toss it so seems. However, Judicial Separation is inevitable given to understand no spouse can be chained with another spouse under such cruelties inflecting situations. But, your desire to be with your present flame; I suggest to let pass the Judicial Separation order and after waiting 90 days Appela period you may move in with him or march ahea din life with your choice of person. However marriage till decree by way of divorce happens you are not supposed to marry this friend of yours.


Well, the intimidating read with stalking evidences will be helpful even instead of Mutual Consent  you press for Divorce on cruelties ground. I will place my wisdom on Divorce on cruelties grounds to be much better option than seeking Judicial separation for which you have reasonable evidences if you have made up your mind.


Evaluate your choices read with priorities in life and have a detailed discussion with a reasonable ld. Advocate of your choice on faster way out weighing the evidences you are in possession of but they are doable.


Also evaluate realities of marriage where give and take are part and parcel of couples and present read with future needs and desires for living a quality of happy life.  

Arup (UNEMPLOYED)     03 April 2011

" wish to have a live-in relationship with my best friend. What can be the odds here?"

 

https://www.lawyersclubindia.com/blog/show_post.asp?blog_posts_id=450

https://www.lawyersclubindia.com/blog/show_post.asp?blog_posts_id=447

IT IS RISKY FOR A MARRIED WOMAN TO GO ON LIVE IN RELATIONSHIP, WITHOUT DIVORCE, HER HUSBAND MAY SUE HER BOYFRIEND.

Deekshitulu.V.S.R (B.Sc, B.L)     03 April 2011

Sobha

No problem. Leave no traces of you love in relationship, and be careful

shobha (none)     03 April 2011

Well thanks, i am just pissed off at the fact that this man is sleeping around with other women; even with the maid in his flat! and trying to harass me this way. i mean, where does the law help here! am i not supposed to live my life? he even does not give maintanence put in the divorce deed meant for our 6 year old daughter and still wants to meet her not as a father but to keep track about my activities.. and Sorry, it is not a judicial separation agreement , it is a divorce deed which wasmutually  signed 6 months before we applied for divorce in court. The MCD was also because he fell in love with another girl and wanted to marry her that he asked for divorce and now, when they both have a fight, he tries to infiltrate in my life to get e back again. i mEan i am not a SPARE WHeel!

Arup (UNEMPLOYED)     03 April 2011

BEFORE taking any step, you should ligality of the step.

according to the provisions of mcd,  one applicant can change his/her stand and withdraw from mcd at any time. therefore he is right in this matter.

 

if you have no individual source of earning you can claim maintenance.

also you should claim for maintenance for your daughter.

 

has he filed rcr?

shobha (none)     03 April 2011

He hasnt filed for rcr yet. but can he? i havent been with him for one year and 9 months. and since i am earning , i havent filed for maintenance but we agreed for a monthly amount in the MCD and in the earlier deed also. since the MCD is not through, he hasnt yet provided as per signed in the deed also. But my lawyer says he cant file rcr now and according to him as we have appllied for MCD under section 13 B, he cant do anything to me legally.

Arup (UNEMPLOYED)     03 April 2011

he can withdraw his consent on mcd at any time according to his will. if he withdraw his consent, quite natural that he will file rcr to resist the maintenance claim from you.

he agreed an amount for maintenance in his mcd petition, it will go in favour of you.

inn case mcd fails, because either party has the right to withdraw the consent atany time, you shall have right to claim maintenance. even if you are employed somewhere, but considerably less than him, you will get the maintenance.

you should claim  maintenance for your daughter.


(Guest)

Probably he is doing this because he may not want to give you any alimony or maintanence towards the child. This kind of steps are usual in Family Matters. As both the sides try to haress each other as much as they can. If there is an order for Maintanence and he is not doing that you can file an application for Breach of Orders.

The other Remedy available for you is "If he has given an undertaking to the Hon'ble Court that duing the time of Judicial Separation he will pay maintanence to you and to the child and he is not doing the same this amounting to contempt of court.

If we go by his psychology he is just trying to haress you by doing all these activities. So if you are clear in you mind that you dont want to live with him then it is better you agree with his terms and tell him that you do not want any thing from him, he will immeditaley agree for Mutual Divorce.

The Advise provided by Tajobsonline is perfect .


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