I got divorce on grounds of cruality but wife gone for appeal

648 votes

Bigamy charges can only be sustained if you have married within the prescribed period for filing appeal provided by the statute. The precise advice can only be rendered after analyzing the facts of your case.

Advocate Harshit R Gupta LawRato

716 votes

Since the divorce decree granted by the trial court is under appeal before the High Court, your marriage dissolution is technically not final until the appeal is decided or the limitation period for further challenge expires. However, since no stay has been granted on the operation of the divorce decree, the decree remains valid and enforceable for now. That said, as a matter of prudence, it is advisable not to remarry until the High Court appeal is finally disposed of or the time for filing an appeal has lapsed, to completely avoid any risk of a bigamy charge under Section 494 IPC. If you remarry while the appeal is pending, and if the decree is later set aside, it could legally expose you to such complications. You may request your advocate to move an application before the High Court for early hearing or disposal of the pending appeal to bring finality to the matter. This will safeguard your rights and prevent future legal entanglements.

Advocate Ashwin Garg LawRato

580 votes

In your case, since the divorce decree has been granted by the trial court and no stay has been ordered by the High Court despite the appeal being pending for 2 years, the divorce decree remains operative and executable. Under Indian law, when an appeal is filed without a stay order, the original decree continues to be valid and enforceable. Regarding remarriage: Generally, you can remarry while the appeal is pending, provided no stay has been granted on the divorce decree. Section 15 of the Hindu Marriage Act, 1955 states that no party to a marriage can remarry within 90 days from the date of decree (appeal period), unless the appellate court has waived this requirement. Since 2 years have passed, this waiting period is long over. Regarding bigamy concerns: If you remarry without a stay on the divorce decree, it should not constitute bigamy under Section 494 IPC, as your marriage was legally dissolved by the trial court's decree. The pending appeal doesn't automatically suspend the divorce decree. Important caveat: However, I strongly recommend consulting your divorce lawyer before remarrying, as they can: Verify no stay has been granted Check the appeal's current status Confirm jurisdiction-specific requirements Ensure all procedural safeguards are met Given the appeal's 2-year pendency, your lawyer might also advise on expediting the High Court proceedings.

Dr Ajay Kumar Pandey LawRato

518 votes

Just want to know whether appeal was filed within limitation of 90 days . If appeal is pending technically you cannot remarry . However connect with me one to one for better discussion and consultations.

Advocate Anuj Ranjan LawRato

654 votes

Hi, Since, application is still pending, remarriage is not illegal, but it carries a practical risk — as if your divorce is later reversed, your second marriage could become void. and bigamy will not apply unless the divorce decree is later overturned by the High Court. You can also file an urgent application to expedite the same.

Advocate Vishali Verma LawRato