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Married while Divorce pending but later after second marrige .


16-Sep-2023 (In Divorce Law)
My Friend applied for 13b with her wife. on Sept 2019 six months has been granted for completion after second motion on Jan 2020 next due date was 4 april but due to lockdown it all postponed. later court was vacant. my friend married with an girl on jan 2021 informing about his divorce situation to girls family. they agreed that after divorce they will do court married but in Jan 2021 they got married using hindu ceromonies. later divorce decree was granted on Aug 2021. but now current wife threatning/blackmailing that as marrige is void and she will file case for this as he married during pendancy of divorce. i understand that it is unlawful to marry while pendancy of divorce but all facts were stated and divorce has also been granted from first wife. but still what he can do to overcome this situation keeping in mind both options eiter to live togather or get seperated.
Answers (2)

Answer #1
706 votes
Hello I'm Advocate Vivek Mishra well according to your case if you have filed divorce you can't do second marriage if she is blackmailing and threating you can lodge a complaint against her. for more details kindly contact me . thank you
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Answer #2
639 votes
At the outset, it may appear unlawful but Supreme Court has recently said that a second marriage is valid even if divorce proceedings of the first marriage are pending in court, provided that both parties from the first marriage have amicably parted and have decided not to contest the decision. Hence, if your first wife and you were parting ways without any contestation from her end and were only awaiting for a decree from court, your second marriage is NOT VOID. Your second wife has no grounds to blackmail however it is best to send a representation to the local police and SSP informing of the same. In case you want to apply for Divorce from the second wife, you can proceed.
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