Time for contested divorce

You are going to be in trouble.staying with other's husband is adultery.....

of course legally adultery only. But 1 month only they lived together in same house. how many years my lover will wait When his wife doesnot want to live with him but not willing to give divorce also. Its clear breakup between them. 

i need some useful legal advice. 

 

Pl.mention are you hindu or muslim, because you had written he had married with his cousin under family pressure ? , if he is hindu and there is no such customary then his marriage become null and void , therefore give complete detail about his marriage only then accurate legal advise may be given .

Ask husbands family to kick the wife out, she has no right to stay in their home. Marriage and divorce are legal concepts which have lost all their meaning in the sh*tty Indian legal system. Forget about them. Relationships develop in the heart and grow in the heart. In western countries people live together and raise children without ever getting married. Indian society is going in the same direction because of broken family law system. Priest can marry anybody in 5 minutes, court will take 10 years to give divorce. Both the priest and the court are fake. Neither of them have any power over who you want to love and how you want to live. Stop thinking about marriage and divorce, they are obsolete institutions which will disappear in another 10-15 years from India. Enjoy the company of your partner and raise your child with utmost love. Sooner you accept the reality of today more happiness you will find.

Originally posted by : autohide147
	Ask husbands family to kick the wife out, she has no right to stay in their home. Marriage and divorce are legal concepts which have lost all their meaning in the sh*tty Indian legal system. Forget about them. Relationships develop in the heart and grow in the heart. In western countries people live together and raise children without ever getting married. Indian society is going in the same direction because of broken family law system. Priest can marry anybody in 5 minutes, court will take 10 years to give divorce. Both the priest and the court are fake. Neither of them have any power over who you want to love and how you want to live. Stop thinking about marriage and divorce, they are obsolete institutions which will disappear in another 10-15 years from India. Enjoy the company of your partner and raise your child with utmost love. Sooner you accept the reality of today more happiness you will find.

One needs to think from the wife's angle too and not just the keep's angle, what about her life?.

Olden days rajah maharajhas used to do this, now it seems legal system of India has made most of the men rajah maharajhas where in name of not being able to wait and or lenghty trial or not being able to adjust with wife.

 

The present situation will even further complicate the maharajahas life, and in turn the querist's life and the upcoming new born.

 

Going for settlement is the only optoin.  Take loan, and take mutual divorce before this matter comes out in the public and you will be in severe problem and public harassment.

 

He got married to his mothers brothers daughter . that's y whole family is not favouring for divorce. That girl doesn't want to live with him. She is working in MNC . now almost reaching 5 years of marriage . he applied divorce based on grounds dessertion and mental cruelity. Now family members made the girl to move into his house though he s not living there. Girls family clearly told if u want to live with somebody u can but they will never give divorce. But my lover told due to past bad experiences he never want to live with that girl. He is worried that they are not contesting the case also. Only he s going and coming. How long will it continue

-Contested divorce case will get over in 6-7 years.
-If some other cases like DV are filed, that will get over in 5-6 years.
-498a also takes 5-6 years to get over, and if it is proved that he took dowry, he will go to jail.
-maintenance cases are life long until unless, one goes for out of court settlement and pay one time lumpsum alimony or proves in court that she is earning member, then court wont grant maintenance to her.

I understand your problem, what about the baby growing in your tummy, when cases are going on, what about its legal existence, what if father of baby goes jail, all this is worrying you. 
But you should have thought about all this, before having relationship with this person, which is legally wrong.

Now what you do is, simply wait for case to get over, it will get over some day.  Full package will be over in another 15 years, maintenance case as I said is life long case.

or as you are in hurry and dont have patience, you both can take personal loan, and go for one time settlement and ask mutual divorce u/s 13b of Hindu Marriage Act, that way your lover can be your husband in 6 months time.

But dont worry if you cant arrange money for one time settlement, even if his wife dont want to give divorce, court cant force him to stay with his wife, and eventually has to grant divorce to him as he has already applied for it.

The disposal of divorce case shall fully depend on how it is being followed up by the petitioner properly and being taken up by his lawyer.  No doubt other external factors may contribute to the delay but it is ignorable if the petitioner shows proper interest and regularly follows up through his advocate. 

Dear Maam

there are two things in your case. first of all divorce. contested divorce cases can take atleast 15 years. atleast 2-3 years is normal in family court, after that appeal will be filed in high court as a right and during pendency of the appeal no one can remarry legally. further at present normal hearing time of such appeals in most of the high courts are atleast 9-10 years. after that Supreme court can take 3-4 years if SLP is allowed. further it is assumed that divorce will be granted, what if divorce is not granted, what if your lovers parents appeared as a witness from wife's side..

now so far as your child is concerned, he has all the legal rights provided to a ligitimate child. you cant be a legal wife in the eye of law, but you will have the other rights such as maintinance from your lover.

further u can not be punished for adultry, because adultry is when a wife of some one is involved with other man. your case at the most fall in bigamy, not in adultry.

so rest assured and take wise decision.

regards