Can a person remarry if his divorce case hasn't been finalised yet

15-Apr-2023 (In Divorce Law)
Me and my boyfriend is planning to get married but he is not legally divorced with his previous wife.they settled their divorce with mutual consent but didn't get it from Court. will it create any problem if we get married now? Can his previous wife file a case against us?
Answers (5)

Answer #1
663 votes
Without divorce of the first wife second marriage is not possible. Yes his previous wife can file a Bigamy case under section 494 of the Indian Penal Code . and without detail discussion proper consult
Answer #2
794 votes
Yes, until and unless you obtain an order from the Court for the Divorce(whether mutual or contested), remarrying will lead to a bigamous marriage which is void as per the Hindu Marriage Act. Your Boyfriend's spouse may a file a case and can get declared the marriage between you and your boyfriend as void. My suggestion would be to wait and obtain the decree of divorce and then marry,
Answer #3
729 votes
Yes there is a bar to get married for the 2nd time without getting divorced because as long as decree of divorce is not obtained the marraige is still subsisting which ultimately makes the subsequent marraige null and void in the eye of law.
Answer #4
527 votes
No, you cannot as that would be a criminal office. Until court passes a decree recording divorces one cannot remarry.
His wife can not file a case If you are Not married to him and you are an unmarried woman.
Answer #5
895 votes
As per the Hindu Law no spouse can marry twice within the subsistence of existing marriage. Since the proceeding of the mutual consent divorce is pending disposal, the earlier marriage is not broken yet, even you never know such divorce may not be broken and such case may be dismissed in future which is dependent on the Court only, though mutual consent divorce is naturally allowed. However during the subsistence if the second marriage if is solemnized, the spouse may be convicted of the offence of bigamy. All the best. Regards

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 and has been responded by one of the Divorce Lawyers at to address the specific facts and details.

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