Got married in America while divorce petition is pending in India

530 votes

Hi
You can file both of the following cases
a) CIVIL CONTEMPT and
b) Bigamy
The marriage of other party in america is also invalid as per Section 15 of the Hindu Marriage Act which in terms states that when a marriage is dissolved by a decree of divorce and there is no right of appeal against the decree or where there is such a right, the time for filing an appeal has expired or an appeal has been presented and has been dismissed, it shall be lawful for either party to the marriage to remarry.
Case laws:
A) Lata kamat v vilas AIR 1989 SC 1477
B) Prakash chand Sharma vs Vimlesh - 1995 supp (4) supreme court cases 642

So in your case, the other party has got married even before the appeal period is over. So the second marriage is also illegal

Advocate Rajagopalan LawRato

685 votes

Hello,

As per the Act, after decree, limitation to appeal is 30 days, before that if the other party went for appeal questioning the decree, and if meanwhile the another party got married is an offence, you can file a case against such aggrieved person and you will get justice. You are entitled to file both Contempt as well as bigamy .

Advocate Geeta Tirandasu LawRato

847 votes

Dear,

None of the spouse can get remarried until the appeal period of 3 months are over.The spouse who marries before the 3 months of the appeal period can be tried for bigamy under the criminal law. Go for bigamy.

Advocate B. Srikiran LawRato

785 votes

yes you have a right to file a case against him, without appeal time is over he never to do like this you have not mentioned the married person is female or male, if that person is female several options is there and also approach court about marriage..cont advocate

Advocate Pathikonda Murali LawRato