One of my friend is fighting divorce case from last 1 year but there are no any decision has taken by court still. She has the custody of her kids both are minor. She is earning good with good back support. But what happened that she is fallen in love with somebody recently with somebody.
Now she is totally confused what to do. Is she rethink about this relationship or she can continue this relationship?
Dear BBBB, In my humble and considerate opinion it is more sort of counselling issue than that of a legal one. Once she opted for divorce proceedings she should have known that it may take time more what she has contemplated. Now be that may the best course is to have all the pros and cons examined i.e. having a mutual divorce and taking the new lover into the confidence keeping in view long term perspective in mind. Hope this clarifies
Is her husband or your friend filed case for divorce?
Is the custody of the children are granted by court?
Beyond the legality, as Disha said, it is more of counselling decision. Speak to your friend, if the new relationship will have long term sustainability. If this is real love or outcome out of desperate and loneliness. Think thrice before act. Think future of kids. Think if she is ready to go away from her kids. Over the all, if your friend marry during the divorce proceeding, marriage will be of no avail in the eyes of law and husband can also proceed with criminal action. Please understand it will take long time to finish this proceeding in the normal course of action.
There is no legal point involved except to say that if your friend continues her affair she will be guilty of criminal offence at the instance of her husband, at the most she can get expedited her divorce case, and wait till its decision.
if you are asking for the advice about what is the best available option so that she can marry her new found boyfriend, then i can advice that, it is best to settle the dispute amicably with her husband and go for the Mutual consent divorce and then going for re marriage.