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Marriage With Awaited Divorce
25-Oct-2023 (In Divorce Law)
I am single woman, and searching a guy for marriage from matrimony site, and I met with a man, whose marital status is divorce awaited from 2015 and live separately from his wife. My question is that can i marriage with this man? What type of precautions, i need to be do for this situation?
hello mam as Ur query is concerned.in this matter you can not marry tht person unless and until his second motion is not completed.and the case Ur saying tht precautions need to be taken in my opinion marriage can not be done as this marriage will be invalidated by the super anuated laws on these points.
Helpful?
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25+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Can a person marry if divorce is pending?
The Second Marriage is valid during the Divorce Process. The IPC Section 494 deals with bigamy. Bigamy is now illegal because its a crime that should not be recognized, just like a crime that can be bailable in India.
Can a person marry without divorce?
Is it legal to marry without having a divorce? According to Section 494 in the Indian penal code a second marriage is prohibited and illegal.
What is the fastest way to get over a divorce?
Try to maintain your routines. Avoid making big decisions or major changes to your life plan. Avoid using alcohol, cigarettes or drugs to cope. They will only cause more problems. Avoid power struggles or arguments with your former spouse.
What is the meaning of awaiting divorce?
In the first case, a man will be separated from his spouse for a certain period of time, in order to keep the marriage intact.
Hi,
In this regard. You have to first ascertain whether he has sought ' Judicial Separation' or whether he truly has initiated 'Divorce Proceedings'. If it is the former, it is a situation where a man is separated from his wife for a period, with the intent that the marriage will not dissolve. If however he is undergoing 'Divorce Proceedings' then please note that he is not entitled to marry another person under any circumstances, as the marriage is held as null in void/void since it's inception. You will have to wait for him to be granted a decree of divorce( Final order from Court which has legally clarified that the Divorce is complete) in order to marry him.
Since this has been initiated since 2015, the matter should be coming to a close now, so you may proceed to marry him thereafter. However, in between there are other measures that you should take to protect yourself that you are not unnecessarily dragged into his present divorce proceedings. Do let me know if you seek further clarifications.
In this regard. You have to first ascertain whether he has sought ' Judicial Separation' or whether he truly has initiated 'Divorce Proceedings'. If it is the former, it is a situation where a man is separated from his wife for a period, with the intent that the marriage will not dissolve. If however he is undergoing 'Divorce Proceedings' then please note that he is not entitled to marry another person under any circumstances, as the marriage is held as null in void/void since it's inception. You will have to wait for him to be granted a decree of divorce( Final order from Court which has legally clarified that the Divorce is complete) in order to marry him.
Since this has been initiated since 2015, the matter should be coming to a close now, so you may proceed to marry him thereafter. However, in between there are other measures that you should take to protect yourself that you are not unnecessarily dragged into his present divorce proceedings. Do let me know if you seek further clarifications.
Helpful?
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Adv. Anuj Nair
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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