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John (Asst. Director)     08 August 2014

Want to divorce my wife

I have a 10 year long (full of tension) relation with my wife , we do not have regular verbal and physical interaction with each other. she is not good with my parents as well , we have kids too. Last year i met a old girl friend of mine after so long , she is also into a same kind of relationship with her husband . bot of us have a very strong bond and understanding , after some meetings we start realizing that we are made for each other. Cut the long story short now me want to marry , her husband is ready to divorce her , but my wife is not ready . she told me i know we can not stay happy together but i'll not divorce you just because you want to marry another women. Now she is resisting me to marry her by threaten  me with false dowry case or adultery case. my beloved left her husband for me but now i cant marry her because of my wife . please suggest me how can i divorce my wife or marry my beloved. i want to keep my children with me too because she is not a good mother too. i'm from sikh community my beloved is a Muslim.


 9 Replies

NUT (Programmer)     08 August 2014

Hi John , You have to consult a good lawyer , I see your life will go towards infinity if not properly handled , you say you have kids , think of their future also your action will have a psychological impact on them ... You didn't mention if your beloved is divorcee ? Does she also have kids .......and never marry before you both are divorced form each other's Partners.

Dr J C Vashista (Advocate)     09 August 2014

Ask you girl friend to divorce her husband before taking any decision.

Just think twice for your children who require both of you, i.e., their mother more than father.


SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 August 2014

Mr. John,

This is not a pure legal problem but it is legal, socio and psychological issue.  When it comes to legal alone you can file for divorce on various grounds main of which being incompatibility and may be granted divorce if Court believes that there is sufficient ground.  However, the impact of it on your stature in the society and most importantly the impact of it on your children will be great.

It is better both of you ie. yourself and your Wife take professional help from a Marriage Councellor who shall give guidance to tide over your problems.  Legal remedy alone will not solve your problem.

All the Best to you.


advocate Avdhesh chaudhary (advocate/ legal consultant)     09 August 2014

if at all you have decided go file divorce on grounds of cruelty


IF a relationship gets sour then chances to recuperate are very remote...

1. There is no sense to continue your hell like relationship with your current wife, if you have really gone to such cruelties by her , then proceed for divorce via 13ia hma 1955.

2. If you can manage your wife for MCD,then it will be the best ever solution for your life.

3. Tell your GF to get divorce from her husband first, then take your due course of action...

4. Once your GF is divorced then you can continue your relationship without marrying her, just like liv-in till you won't get divorce from your current wife.

5. For children and alimony,sit together and have a discussion with her, if she is ready ,then proceed with MOU.

6. If,however she is not ready for divorce,then tie wahe gurue k fateh on your head and say Jo Bole so nihal ,satya sriya kal..

Don't get afraid of her false cases and whatever, just be yourself and fight your contested divorce like anything, hire a renowned divorce lawyer who had good great experiences and touch with magistrates, you will be freed within two years.


Good luck))





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Dear John.

Having gone through your query, it is not clear from the same whether you and your wife are residing separately or not. Presuming that you both are staying under the same roof, in that circumstance as well, can go ahead for filing  case divorce as there is judgment to that effect delivered by Supreme Court. But in the said circumstance you will have to establish that both are residing separately and there is no communication between you and your wife. You can go ahead by instituting a petition for divorce on the grounds of mental harassment.

Rest remains marrying your friend, you cannot marry another women as per Hindu Law until and unless you are not divorced. I would suggest you avoid the circumstance of getting into allegations of bigamy or adultery though the same is difficult to be proved.

Keep in mind the latest judgment delivered by Supreme Court as well for maintenance which says that where husband first initiates petition for divorce he is liable to pay maintenance.

As my friend as has suggested that your friend as well need to be divorced that is an established fact. Unless both of you are not divorced, you both can not enter into marriage.

Deenupriya (--)     10 August 2014

Brother talk to ADV. SOPHIYA (9718983434) she is one of the best lawyer in Delhi. Try to talk she will give you the way out.

T. Kalaiselvan, Advocate (Advocate)     12 August 2014

@Dheenupriya, this forum s not a place to solicit business or promote one.  If advocate Sophia wants to handle the case, let the querist approach her though his own source, the querist posted query seeking advise on his problem.  In

@John: In  my opinion you may better file a divorce case against your wife on the grounds of cruelty, but see, do not be trapped under illusions or mirage once again.

Biswanath Roy (Advocate)     14 August 2014

Your query seems to be a crazy one. We the Experts of LCI follow legal ethics SO WE CANNOT INDULGE ANYBODY TO DO ANYTHING AGAINST LEGAL ETHICS JUST TO FRUCTFY  ILL INTENT.OF A PERSON.   Don't you feel shame that after enjoying a girl for long ten years.and giving birth of a child you are jumping upon another girl just for funny enjoyment ?

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