Can i remarry after Divorce case is going on for the past 12 years

857 votes

Please don't make the mistake of marrying afresh while your existing marriage is subsisting.It is a crime in the eye of Law and you can land up in serious legal mess.It is impermissible as per Hindu Marriage Act,1955(HMA) and your 2nd marriage will be null and void in the eye of law.
Since the divorce case 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.
Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person. As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.

Advocate Siddhant Sharma LawRato

847 votes

if you marry without getting divorce it will tantamount to bigamy and it will result in imprisonment for you, so better get divorced then get married or do whatever feels right for you, as the best interest of you must meet a technical lawyer for guidance

Advocate Aveek Bose LawRato

699 votes

Sorry, it is not possible to remarry before getting one divorce certificate from the proper Court. As long as the cases as you said are pending you are not eligible to get married further. Moreover you would have responsibility regarding your child.

Advocate Indranil Ghosh LawRato