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Pawan S (06292021602) (Advocate)     29 September 2021

Wife got pregnant by another person before divorce

Hello My Advocate Friend,

I have one case that I want to discuss with you my friends and want to get your expert opinion.

The wife got pregnant by another person after filing a Mutual Consent Divorce petition. What legal cases/steps husband can file/take against the wife if the husband wants to harass the wife.

1. It will be great if you can provide both perspectives

a. one from the husband's point of view if he wants to harass his wife.

b. What wife can do now? And how she can provide her defense. 

 

Regards,

Pawan Saha

 



 9 Replies

Anusha Singh   30 September 2021

As per your query it is understood that a mutual consent divorce is filed and the after filing such case the wife got pregnant from another man and the husband wants to know about what legal action he can take.

The husband can file an appeal in the court to waive off the period of six months which is necessarily given after filing the mutual consent divorce on the grounds that the wife is pregnant from another man.

In the case of Amardeep Singh vs Harveen Kaur, the Bombay High Court waived the six months’ cooling-off period provided under Section 13B of the Hindu Marriage Act, 1955. This was done after it accepted a woman’s plea to dissolve her marriage as she was pregnant by another man whom she intended to marry after the divorce.

The Apex Court finally held that Section 13B (2) was a directory and the Court may consider waiving the cooling-off period.

The husband can make an appeal and deny to pay the maintenance of the child who is born from another person as the husband is not the biological father of that child.

The husband should not think of harassing his wife but to get out of such marriage as soon as possible. It can be a better option for both the parties.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Dr J C Vashista (Lawyer)     30 September 2021

Well analysed, opined and advised by Ms. Anusha Singh, I fully agree and endorse it.

Besides this, what is the opinion and advise of the counsel engaged / paid by you for proceeding in the MCD case ?

Why do you need second opinion and obligation of experts on this platform except the fact it is available FREE OF COST ?

Shashi Dhara   30 September 2021

Advance and take divorce  quickly don't complicate it.

Pradipta Nath (Advocate)     30 September 2021

Well stated by Dr. Vashista Sir!

 

Siva   02 December 2021

@Anusha Singh

Excellent idea!!!

 

Sai Prasad   10 January 2022

If the couple had a child too young for the father to gain custody, can the man use this situation ( wife becoming pregnant by another during the 6 month period) to ask for custody of his child?

Archana Pandey   11 January 2022

You are getting relived in all means. Like short span of divorce now. No burden of paying other expenses like maintenances. So why should opt for harassment . 

On the other hand, obviously she will request  for short span of divorce strongly now if she is seeing future with someone else.

 

Aryan Raj   16 January 2022

Drea Archana, 

Can you provide with more legal provisions for better prospective for the queriest. 

Regards,

Aryan Raj 

Archana Pandey   16 January 2022

As per the understanding, Wife may file an application seeking waiver of the six-month cooling-off period, as per section 13B (2) of the Act. She will cite that you both have already filed a joint petition mutually and decided to get legally separated. The wife’s will present the fact that she is pregnant by another man. As a result, there is urgency in securing the decree of divorce and also the need for waiver of the cooling-off period.

What husband can do, he can go for Section 125(4) in The Code Of Criminal Procedure, 1973(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Hope this covers both of you perspectives. 


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