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Remarriage after suicide of wife and pending harassment case


04-Sep-2023 (In Criminal Law)
Got married in 2006. My wife committed suicide in 2016. Her parents have put gruhahimsa case on me. Have two daughters who are with their grand parents. They are not allowing to see my kids also. Now the case trial has not started yet. Recently i have got marriage proposal. Can i marry again? Pls confirm.
Answers (3)

Answer #1
998 votes
yes. If you are a Hindu, you can marry again as per Hindu marriage Act,1955 . and it is not applicable to remarry whether the case is pending before court or not. and take into the custody of your children is discretion of the court.
Answer #2
676 votes
Hi
There is no bar on you getting married again.
However since gruhahimsa trial is likely to commence soon after filing of charge sheet by police, it is advisable to see how the trial proceeds prior to getting remarried.
Since your wife died in 2016 after 10 years of marriage, the case against you is likely to fail and you will be acquitted.
Answer #3
892 votes
Dear,

You can marry again as your wife is no more. The pendency of a criminal case is not a bar for marrying again. However, before marrying again,you should disclose the details of the pending criminal case to your would be wife and in-laws to avoid future troubles.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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