How to do second marriage without divorce

Question

How to do second marriage without divorce

28-Feb-2026 (In Divorce Law)

My divorce case is in court but it’s taking lot of time i am growing older my wife is not agreeing for mutual divorce. Is their any circumstance where i can do second marriage and still fight for divorce in court

Answers (5)

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Adv. Amit Antil

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Advocate Ishan Parashar LawRato · Accepted Answer · 2026-02-28T10:25:27+05:30

Answer #2

Hi there, no there absolutely no circumstances where you can get married a second time while the first marriage subsists. The only option available is that if the first marriage is void then only you can marry again. In general, you can marry only after 3 months of the divorce decree is granted. If you have any questions or need any explanation feel free to contact me.

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Adv. Ishan Parashar

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Advocate Hemant Kumar Gupta LawRato · Accepted Answer · 2026-02-28T14:45:10+05:30

Answer #3

No. You cannot legally remarry until your divorce is fully granted by the court. Under the Hindu Marriage Act, 1955 (and similar provisions under other personal laws): • A marriage is valid only if neither party has a living spouse at the time of marriage. • If you marry while your first marriage is still legally valid, it amounts to bigamy. • Bigamy is a criminal offence under Section 82 of BNS. • The second marriage will be void (illegal). • You can face criminal prosecution and possible jail. 1.Try Mediation Family courts usually refer matters to mediation. Sometimes settlement becomes possible later. 2.Settlement Negotiation Many mutual divorces happen after: • Maintenance/Alimony settlement • Child custody agreement • Property settlement

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Adv. Hemant Kumar Gupta

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Advocate Abhijeet Negi LawRato · Accepted Answer · 2026-02-28T17:00:45+05:30

Answer #4

Sorry to hear about your legal trouble and situation. I suggest that you approach me for detailed confidential consultation instead of seeking generic and open advise here. It's better to have full facts, inputs and documents before me so that I can advise you better and more effectively. Although, I must state that it's not legally possible to remarry while you are married. Is advisable to have a detailed legal consultation to take this forward. Best regards to you.

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Adv. Abhijeet Negi

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Advocate Jayatee Chatterjee LawRato · Accepted Answer · 2026-02-28T20:15:09+05:30

Answer #5

If your divorce case is still pending and you have not received a decree of divorce from the competent court, you cannot legally marry another woman. Doing so would amount to bigamy, which is a punishable offence under law. In case there is unnecessary delay in the proceedings, you may approach the High Court by filing a petition under Article 227 of the Constitution of India, seeking directions for early disposal of the matter. The High Court can direct the Family Court to expedite the proceedings and conclude the case within a specified timeframe.

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Adv. Jayatee Chatterjee

Delhi | 5+ Answers

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