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ananya rai (student)     10 September 2013

Can i marry a married man in following situation

Hello everyone, I want an advice regarding the following case. It is my personal life incident which i am currently going through.
I am in love with a guy who is undergoing a divorce case. His wife appealed for a divorce under false charges of dowry and domestic violence which he was not guilty of. Unfortunately his case is still going on in the court. During this time, i stayed with him for about a month and later on when my parents found out about us, they brought me back home. They are not ready for our marriage and are pressurizing me to marry someone else. Can we get protection from court? Or is there any other way where we can marry legally? i am aware that a man cannot marry again until he is divorced. But since his case is taking a long time and due to our special circumstances I am requesting everyone to kindly offer me some help.



Learning

 25 Replies


(Guest)

You can marry this person once he gets divorce.  Living with him now or planning to marry him now will lead to more problems for him in getting divorce.  Its better that you keep telling your parents that you want to marry him and make them change their mind or else you will be spoiling peace of mind of 3 families, 1 this divorce guy, 2 your mummy pappa family, 3rd the guy whom your parents are willing to get you married.


Remember, its life, not a joke.  Tell your parents not to make a joke of your life as well as 2 other families lives.


Only way out is convince your parents to agree with your choice and that to wait until he will get divorce.


At the same time getting divorce is not easy when wife has filed dowry case, dv case etc etc cases.  To come out of these cases it takes nearly 5-6 years if your lover contests the case, [take that as a waiting period of 5-6 years to tie the knot with this guy]  Then comes the divorce case, for that too 5-6  years time will take.  




If you are gagging for it...Another option for you would be go for a livin relationship with this guy.  Here do not create problems if you decide to livin with him.  Do not get pregnant until he gets divorce, go for IUD or use condoms while having s*x.   Get pregnant, its totally your headache then.

Tajobsindia (Senior Partner )     10 September 2013

1. No it is not advisable to proceed ahead to marry a already married person till he has a clear title from his subsisting marriage.

2. No protection can be allowed in such circumstances by any authorities.

3. Until then keep your relationship special.

4. Live-in is suitable economics of arrangements for two bachelors.

 

 

ananya rai (student)     10 September 2013

sir, with due respect to ur reply. we were already in a live in relationship. and that is when my parents found out about us. Since there are no provisions in india for live in relationships, we could not approach police or court. another reason for not doing so was his case. I just wanted to know if there is any way where we can claim that we are married.


(Guest)
Originally posted by : ananya rai

sir, with due respect to ur reply. we were already in a live in relationship. and that is when my parents found out about us. Since there are no provisions in india for live in relationships, we could not approach police or court. another reason for not doing so was his case. I just wanted to know if there is any way where we can claim that we are married.

Claiming that your are married is equal to commiting suicide.




(Guest)

Yes you can get Marry with him if you can help him in getting divorce from his current wife. Once he is divorced you can legaly become his wife.

For getting help in divorce you can do the following things:


1. Wait for your lover till he doesn't legally divorced.


2. Hold his hand in his rainy days like false 498a,dv cases are going on.Be a positive role model for him,so that he could also make his 1000% effort to get out from this as soon as he can and marry you.


3. Don't ever think of marriage till both of you do not become an absolutely legally free birds.Till then have a healthy and passionate Liv-In relationship prior to marriage.You will have benefits like-----you both can save lots of money in these years till the time of marriage to live lavish life ahead.Only formality will be to produce child rest all moments still you both can enjoy and live.

Go and watch---------"SHUDH DESI ROMANCE"


4. Just Think.......Think.........Think what else you can do to get your lover from his draconian 498a and DVA 2005 wife.


Best of luck.

Tajobsindia (Senior Partner )     10 September 2013

Observation: When both of you know things the way they are then why ask! You are advised to marry him only once he has a clear divorce decree from his previous marriage and all Appeal reliefs are exhausted by his wife and not before that. Past live-in of 1 month was short lived and society came to know and separated both of you and same is not advised to repeat unless you have a clear disownment from your family to lead your life the way you want with its repercussions and he has given long term commitment to you. Arya Samaj wedding hiding facts is no marriage in eyes of Law but remains mere threatening Certificate from your side forcing him to commit to fraud in relationships. Live-in is there in our culture from last hundreds of years. It all depends on keeping such truths hidden from eyes and ears of society and sustaining resistance of once parents and if one can take such bold steps then may be possible. However, the moment both of you lay claim to be married before the society both keep and his wife comes to know of it then his wife will not take such second marriage lightly in their subsisting marriage which is right now under Appeal, she may charge him of bigamy in marriage if she gets hold of strict proof of both of your marriage. (I slightly differ to opinion of @ Helping Hand; it is not akin to suicide. May be he meant suicide of a relationship!!!).
[Last reply] 

ananya rai (student)     10 September 2013

can we get married in arya samaj without disclosin that he is divorced. in that case atleast i can claim my marriage. Kindly advice

ananya rai (student)     10 September 2013

can she charge him of bigamy when she is already taking allumny from him? the mention of allumny is in the papers and only the last instalment is pending. she herself wants the divorce as much as my boyfriend wants it.

ananya rai (student)     10 September 2013

in case if i decide to stay in live in with him. there are chances my parents will file for my custody and he cannot have any claim on me since live in relationships are still not legal. we want seriously want to spend our lives with each other. But indian society believes that marrying people who are divorcees and out of caste is a crime. since it is not a crime in our eyes. we want to seek legal remedy.

Tajobsindia (Senior Partner )     10 September 2013

 

Originally posted by : ananya rai
 
can she charge him of bigamy when she is already taking allumny from him? the mention of allumny is in the papers and only the last instalment is pending. she herself wants the divorce as much as my boyfriend wants it.
 

Then what for she has Appealed if both are desperate for divorce ?  

ananya rai (student)     10 September 2013

She wants as much money as possible by charging him with multiple crimes. all she wanted was to marry and claim money from divorce since she is from poor family background. she is desperate for money and he is desperate for the case to end, so that we can live together legally as my parents will marry me off to another guy as soon as they can

ananya rai (student)     10 September 2013

the divorce did not go by mutual consent since he did not want to pay allumny claimed under false pretense. but now he is willing to pay her ust because he wants the case to be wound up asap


(Guest)

Dear Mam,


As per your second,third and fourth post then fifth post..........it is cleared that you knwo all about Liv-In relationship.


But I want to tell you that a custody happens only for minors and not for majors. Hence, If Iam not wrong then you would be definately above 18.

So,In India after 18 years a girl is said to attained a legal marriageable age where her choice is predominant and no force can be done to get her married.

In my purview if you are damn and hell bent to live with him then why can't you wait for some more years where your current married BF be legally freed from his wife?

For every relation there is a give and take

If you will give him Time then he will give up his wife.

So,have pateince and don't indulge in illegal things which is not permitted in the open eyes of law and society.


A liv-In with two bachelors are happily accepted by even SC but for half Bachelor and one full Married person No escape rather than bullying.


So,my sincere advice to you is let the things to go as it is.Let the court take his due course of time.

or else,


in meanwhile if you are also earning and he is also earning and her wife is only  wanting that earnings.

Then a wise Liv-In couples will collect the freedom amount and throw it on the hand of his wife to agree on MCD.


Ohhhhhhhh

I got the idea.

Give me thanks yarr..!:P


Tajobsindia (Senior Partner )     10 September 2013

1.    You are wearing rainbow glasses. Both ladies in facts are blind; one is shown of wanting more money and another seeing the subject to be already married wants to get into legal troubles for him as well as for her self’s by instituting live-in relationships.

2.    I stand by my earlier opinions r/w this last one for the purpose of this brief and it remains the same which is you cannot have a legal marriage with him in any of the 8 forms of Hindu marriage till he has clear divorce decree in hand.

3.    Live-in is possible only if it kept hidden from society for very long and you are disowned by your parents meanwhile. Disownment is not having legal sanctity but Indian families institute paper advertisement of disownment of their children from their properties and keeping contact with them which is in our culture.

4.    Ideally in such brief for women it is suggested not to disown parents and thus cause upon run-away status and live-in with a married person whose marriage is not yet legally dissolved provided you as weaker section of society can sustain complications if any developing in such extra marital relationships of HIS till he has a clear divorce decree in hand. If you are so desperate to have legal marriage with a married man then pool in money from your personal finances to this married man in giving more alimony as per demands of his wife to part from their marriage  so that both of you can marry ASAP.

5.    Marriage for a major age lady is personal choice and if you are a major age lady as per Majority Laws of the land then your parents cannot force your hand in marriage against your wish and for the same you can file a police report against your parents and still enjoy staying at their home with being supportive to this married man and wait for his clear title out of his marriage to get married to him eventually.

6.    Tale a pick now from above 4 and 5!

[Last reply]


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