Can second marriage take place if first marriage divorce case pending?

705 votes

Absolutely NOT. 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.

*I’m assuming that parties are governed by Hindu Marriage Act.

Advocate Suneel Kumar LawRato

833 votes

Aisa koi law nahi hai ki of dicorce proceedings are pending before the concern d court of law then man can remarry during that period. Even if dicorce is granted ex parte then the person has to wait for thfree months

Advocate Manoj Kumar LawRato

948 votes

Well if the divorce proceedings are pending before the Court or without a divorce one cannot marry, and if in such a scenario a marriage has taken place, the said marriage is void ab initio. Therefore, voh shaqkaas shaadi nai kar saktea.

Advocate Rohit Kaul LawRato

551 votes

No, there is no law
Firstly there should be divorce decree by the court,
The proper statement by the parties to the case should be done in first motion of divorce and then in second motion of divorce.
Only after that man can do second marriage,

If the man do second marriage before getting divorce from its first wife, its legally punishable.
A separate case can be file against that person

Advocate Shefali Dua LawRato

831 votes

Hello,
No there is no provision during this period, what is the situation of your divorce matter right now? Until unless before the final judgement you cannot remarry. But you can put your matter on fast track basis.
Jayatee Chatterjee

Advocate Jayatee Chatterjee LawRato

308 votes

1. Legal Status:
   • In India, a second marriage while a divorce case from the first marriage is pending is not legally permissible. The law recognizes that a person can only be married to one spouse at a time.
2. Bigamy Laws:
   • Engaging in a second marriage while the first marriage is still legally valid, even if divorce proceedings are ongoing, constitutes bigamy, which is a criminal offense under Indian law.
3. Criminal Consequences:
   • Bigamy is punishable under Section 494 and Section 495 of the Indian Penal Code (IPC). These sections prescribe penalties, including imprisonment, for those who marry again without legally dissolving their existing marriage.
4. Waiting for Divorce Decree:
   • To marry again legally, it is essential to wait for the divorce proceedings to conclude and obtain a divorce decree from the court. Only after the divorce is finalized can one consider entering into a second marriage.
5. Legal Process for Divorce:
   • Divorce proceedings typically involve filing a divorce petition, attending court hearings, and resolving legal issues related to property, custody, and alimony. The court will grant a divorce decree if it is satisfied with the grounds and evidence presented.
6. Awareness and Compliance:
   • It's important for individuals to be aware of the legal consequences of bigamy and to comply with the legal process when seeking a second marriage after divorce.

In summary, under Indian law, a second marriage cannot take place if the divorce case from the first marriage is pending. It is necessary to wait for the divorce proceedings to conclude and obtain a legal divorce decree before considering a second marriage to avoid criminal consequences associated with bigamy

Advocate Chikirsha Mohanty LawRato

90 votes

Yes, you can marry during an ongoing divorce. If the second marriage was challenged in court, it would be declared invalid by law. You cannot claim any marital benefits under the law.

Advocate Chikirsha Mohanty LawRato