PRAMOD BISHT (ENGINEER) 23 December 2012

Mutual divorce

Need some clarification that FIRST MOTION IS DONE UNDER COURT ON MUTUAL CONSENT.Is it now sufficient enough for the women to go and be in liv-in relationship with another unmarried man without any worry, before second motion happens after 6 months.On this can ex-husband file any case against the women or the liv-in relation. And if he can do so then what is the solution for the women to be ready with.

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4 Replies

vijay sharma (Advocate) 23 December 2012

divorce not complet now and husband can file a case against him for adultery...

rahul (director) 23 December 2012

she is still his wife, untill 2nd motion allowed ( 13(B)2 after 6 month of 1st motion 13B(1), there is happend like "DIVORCED"

she is not divorced, wait for 2nd motion,, wait and control you both to became intimate,

Tarveen (Self Employed) 23 December 2012

The answer to your query lies on several "if" and "buts". It depends on the facts and circumstances of the case in hand. Nobody can tell you the psycology of the husband. If the husband has come for the first motion his intention for seperation is clear and most likely he will be willing to come for the second and final motion for mutual divorce. Till the time second motion is not passed and the decree to the efftect is not granted, he shall remain as the Husband. He will become an ex-husband only after the passing of decree of divorce by the Court. Therefore, in case if the women gets into live in relation he may refuse to come for the second motion out of animosity( the chances of which are very less as nobody would like to be with a women having any relation with the other man). Secondly, he may also file a criminal complaint against the paramour/ living in partner of the ground of having fling with a married lady under which he might be booked for adultery. If any maintenance and custody case is pending before any court then it would most likely have a negative impact and effect ur case adversely.

In the aforestated facts and circumstances, in my opinion, you may wait till the second motion is not passed and the decree of divorce in not granted by the hon'ble court.

My suggestion is subject to correction of my senior members here.

You may feel free to contact for any further clarifications.

Thanks.

Regards

Tarveen Singh Nanda

Advocate

adv.t.s.nanda@live.com

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rajiv_lodha (zz) 23 December 2012

If woman opts 4 live-in b4 2nd motion is passed, the husband gets 2 options:

1) Get divorce from that wife on ADULTRY GROUNDS

2) Put crminal case on her live-in partner for adultry

But remember, for criminal case, adutry proof shud be VERY SOLID.......many partners do nt leave a trail of their s*xual relationship in such situations.