one sided divorce to woman

Querist : Anonymous (Querist) 11 January 2010 This query is : Resolved
A woman aged 35 is staying with her husband with 2 daughters of 13yr and 5 yr old along with her mother in law. Some times her husband scolds her badly and beats children for no reason. She is suffering from this and her health is also not supporting her to do every work. She is alone doing all house work and giving tuition in the evening as they are having money problem. Now she wants to live separately. Can she stay with other man or get married without divorce? Is she face any problem or the man with whom she stays face problem?

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prakash vathore (Expert) 11 January 2010
the man will face the problem with whom she will live. she cant get married without divorce.

Querist : Anonymous (Querist) 11 January 2010
if she stay with man without married, is that man face problem?

adv. rajeev ( rajoo ) (Expert) 11 January 2010
If she stays with another person without marriage it amounts to adultey, then also man will face the problem. Adultery is good ground for the husband to go for the divorce.

Querist : Anonymous (Querist) 11 January 2010
if the person is relative then also he face problem? (Means that woman is his aunt)

adv. rajeev ( rajoo ) (Expert) 11 January 2010
what type of relation?

adv. rajeev ( rajoo ) (Expert) 11 January 2010
If she is aunt of the person then no problem

Querist : Anonymous (Querist) 11 January 2010
but she has 2 daughters. Can she stay with that person with her daughter? If her husband give any complaint against that person will that be problem for that person?

Sachin Bhatia (Expert) 11 January 2010
what type of relation with that person?

SHYAMSUNDAR (Expert) 11 January 2010
Both shall face problems if stay without divorce irrespect of their relationship..........

Arvind Singh Chauhan (Expert) 11 January 2010
Man may be charged for adultery. No criminal action can betaken against women, But she may face other problem such as divorce, loss of maintenance from husband, guardianship for children etc.

Raj Kumar Makkad (Expert) 12 January 2010
Both aunt and her so-called relative shall have to face criminal case (police case), if they marry with each other without obtaining a formal decree of divorce by such aunt from her husband. Live in relationship theory is not applicable in your case. Had such lady unmarried then she might have resided with any male person without getting marriage but not a married woman is allowed within the law of land in the similar way.

Querist : Anonymous (Querist) 12 January 2010
The woman is that person's aunt. Then also he face problem if they stay together? Can't they stay together?

Querist : Anonymous (Querist) 12 January 2010
if she filed for divorce, can't she stay with that person until she get divorced?

niranjan (Expert) 12 January 2010
It is better to declare in the petition that because of harassment etc.of her husbasnd she has taken shelter with his(?)to show that she does not have any illicit relation as precautionary measure.

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