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sujal arya (proprighter)     27 August 2013

Need help for merrige

we were in relationship from 2005. but her parents was not agree fro our merrige and she got merried in 2010.

and we finished our relation. after some time her in laws are presser for dowry. and his husband make physical relation with her forcefully and she got a baby boy.  now a day she finally decid to leave him.

i still love her and ready to accept her and a baby.

her husband is not ready to give divorce.
 and she is affred about child custody if she marry me.

baby is 2 year old. what will happend if she get marry me after divorce.

who will get child costody.??

how much i have to wait ??

and what is a legal laws?



Learning

 6 Replies

Tajobsindia (Senior Partner )     27 August 2013

1.    Ideally if the lady has got married and out of such wedlock a child is born you should close your liaison with such lady and is expected to move on with your life.

2.    However, since you asked few questions the replies are;
- Court normally gives custody of such age minors to natural mothers unless natural father is proved to be a rapist or drunkard or murderer (conviction is what I mean here) and in simple language the best natural parent found in case after a tough contested custody battle wins the custody of minor child(ren).
- Contested divorce case normally takes 3-5-7-10-15-20 years.
- Legal laws for what? Oh you mean how soon she can come back to your arms! Then in that case ask her to opt for Mutual Consent Divorce with zero alimony and leave child to natural father custody and after waiting for statutory Appeal period (90 days) legally marry her and produce your DNA footprint child and then both live happily.  

HK_Jain... (498a Fighter)     27 August 2013

Its her version of her story.

you can be cheated later.

Just for safer side, ignore her and move on with life, dont destroy the family harmony.

Adv. Chandrasekhar (Advocate)     27 August 2013

First she betrayed her husband by marring him while having 5 years continuous relationship with you.  Now she puts false allegations against in-laws for dowry demand and forceful s*x by legally wedded husband only to get divorce decree.  Despite this,her husband is not willing to give her divorce.  so be sure he will contest the custody case till end to take rightful revenge against her.  If she expects that the court will handover the divorce decree on a platter on false grounds and you both will marry, you both are living in false paradise.  Till her husband says yes, she will not get divorce and during the subsistence of present marriage if you lay your hand on her and if husband can prove this fact in the court of law, then you will be in big soup.

2 Like

General person (Job)     28 August 2013

it's his personal decision. Also he has not asked for personal advice. He has asked about legal advice.

Thanks

Adv. Chandrasekhar (Advocate)     28 August 2013

That is what exactly I did.  I said that for getting a divorce on a platter, do not put false allegations of dowry demand on in-laws and forced s*x on husband. 

as she does not have any valid ground available for divorce, till her husband consents she cannot get the same.  Having physical relationship with other's wife on the ground that she is ex-girl friend invites criminal charges as per law.  Obvious, in the given conditions the husband will litigate tooth and nail to get the custody of the child.  We do not do moral policing but do not give illegal advice to put peril to the innocent people, here child, husband and in-laws.

1 Like

Adv k . mahesh (advocate)     30 August 2013

take divorce from legal wedded wife and then marry that girl because after some time he may come and harass you 

about child also make a mention a condition that in future he is giving full rights to mother 


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