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


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)


97 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


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

139 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.

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
338 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.
Regards

318 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,

302 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

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles



"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

Me and wife having some family problems but it was very small problems. But her character is very bad and she made it as a big issue and now she file …

Read More

I got married with with hindu rituals 4 years back. I have a baby of 3 years old. I have been tortured mentally as well as physically by my husband an…

Read More

I'm married last year(April 3rd'2015) and applied for divorce on May 9th'2016. Now we're in a period of 6 months time and now she have…

Read More

Me and my wife applied mutual divorce after cooling period over she is saying neither she live with me nor she will give the divorce in this how can I…

Read More