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NEELAM GULATI (self employed)     22 April 2013

Husband does not know that wife is not taken first divorce

if a lady without taking first divorce re marry is it right or wrong and also she got marry to 20 years boy now she is having a daughter now by law daughter will stay with whom and is this punishable or not



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 2 Replies

Ranee....... (NA)     22 April 2013

repeated query. your marriage with 20yrs old boyfrnd is void.Since the child is very she stay with mother and her biological father has right over the baby.Baby has right over father's property. What is your husband's role and reaction over the matter.If he files cases on your boyfrnd he will be in great trouble.

Tajobsindia (Senior Partner )     22 April 2013

Actually if Rajasthan High Court Judgment is interpreted reading your facts then;

1.    If your marriage was recent then you may run away and stay with your boyfriend, which even the HC Judgment allowed to a lady.

2.    Now if the daughter is minor say under 5 years then after proceeding on above steps naturally the minor who is carried by you to stay with your boyfriend status – quo will remain with you i.e. will not be disturbed till your legal husband agitates via some Court case which is future fact.

Now before taking final decision I suggest based on interpreting Rajasthan HC Judgment r/w in future what shape such social steps may be allowed or interpreted I have following to value add;

1.    The boyfriend should be major i.e. 21 years old.

2.    He should be shown to be having relationship with you just before your marriage by witness no matter at that time he could be under legal marriageable age (below 21 years is what I hint) .

3.    The moment you run to your boyfriend’s home along with minor child the status – quo for minor child should be maintained for quite reasonable period i.e. minimum 180 days constant stay when your post facto counter facts takes place.

4.    You should not be marrying your underage boyfriend post running away so that adultery charges fails if ever tried by husband till your B/f turns 21 years of age.

5.    Do think deep on such bold social steps before taking, otherwise so, my above hints are based on interpreting Rajasthan HC’s recent decision on more or less similar facts of yours which was not attended previously by repliers on your previous thread and I subscribe to above for a reason ‘woman are not chalets and they cannot be kept chained in a one way relationship forever’.  

6.    Today Indian metros are evolving so does the society mushrooming in these very metros and even for a moment you donot opt any of the above steps, someone else will and had no one opted for such social shackles by taking such bold steps in Indian context the reference Rajasthan HC judgment ought not have come to light – right or wrong readers decide now without being judgmental first placing them in 21st. Century society shoes and not replying here with medieval mindsets J

Finally in matters related to law in free internet based legal forums there is nothing called personal – morality – politeness for all these Court of Law is there where you first hire an advocate found via reference and pay Court fees and set things interpreted to either parties so called staisafaction. Forums are for discussions with a PoV.

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