Married during divorce proceedings, is the second marriage legal ?

518 votes

No it isn't. From what i understood of your query is that your spouse obtained a Divorce from the lower Court but you challenged the same in the High Court and got it stayed which means that your marriage was subsisting. If, however, it is the other way round that you got a ex-parte Divorce from the lower Court and your spouse moved the Court and obtained a stay after one year, your marriage can be valid if it was conducted 90 days after your Divorce.

Advocate Radhika Mehta LawRato

917 votes

A stay order would mean a status quo on the order passed by the Family court against you. Under the circumstance your earlier marriage continues to be subsisting considering that you have contested the divorce decree yourself. The status of second marriage may vitiate your stand in the earlier divorce proceedings.

Advocate Vadakkemadom Lakshmanan SR LawRato

886 votes

With reference to the above statement, you have to give more details, to clarify your answer in a correct way, there could be two possibilities hence it is better to consult with advocate to get accurate answers

Advocate Anil Gaikwad LawRato