Can a person remarry while pending divorce case? What can be done?


My sister got married 15 years back under Hindu customs & laws. Her husband filled for divorce after 2 years of marriage on grounds of cruelty.

The case is still pending in the lower court but we suspect that my sister’s husband has remarried.

Can her husband get second marriage without taking legal divorce from my sister on any ground? I also have some evidence regarding his second marriage. What should we do to punish him? please advice us.

Answer

Since the divorce case of your sister and her husband is still pending in the Court, they are officially still married and they do not have the right to legally remarry till the competent court has passed a decree of divorce.

As per the Hindu Marriage Act, 1955 bigamy is strictly prohibited and is punishable under Section 494 and Section 495 IPC.

 


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