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)


225 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


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258 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.

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344 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

193 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,

153 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

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