Marriage with Awaiting Divorce ? Legal Implications

Question

Marriage with Awaiting Divorce ? Legal Implications

25-Oct-2023 (In Divorce Law)

I am a single woman looking for a life partner on a matrimony site. I met a man whose marital status is awaiting divorce since 2015 and who has been living separately from his wife. My question is, can I marry this man? What precautions should I take in this situation?

Answers (2)

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Advocate Vishwanath Pratap Singh LawRato · Accepted Answer · 2018-10-25T01:58:48+05:30

Answer #1

Hello Ma'am, regarding your query, you cannot marry this person unless his divorce is fully finalized, including the completion of the second motion. In my opinion, any marriage before the divorce is legally complete would be invalid under existing laws.

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Advocate Anuj Nair LawRato · Accepted Answer · 2018-10-25T11:36:53+05:30

Answer #2

Hi, before proceeding, you must first determine whether he has sought judicial separation or has genuinely initiated divorce proceedings.

If it is judicial separation, he is legally separated but still married, meaning the marriage has not been dissolved.
If he is undergoing divorce proceedings, he cannot remarry under any circumstances until the final decree of divorce is granted. Any marriage before that would be considered null and void.

Since his divorce case has been ongoing since 2015, it may be nearing completion. You can consider marriage only after the final court order confirms the divorce is legally finalized.

Meanwhile, it is essential to take precautionary measures to ensure you are not unnecessarily involved in his current divorce proceedings. Let me know if you need further clarification.

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