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Re-marriage with another person, pending divorce


04-Jun-2026 (In Divorce Law)
My Daughter was married to a person who has already divorced another lady. My daughter's marriage was done in 2015. My son-in-law is not taken her to Canada (where is recides as canadian citigen). Further without giving divorce to my daughter he has married a canadian girl. My question is whether my daughter can now marry another person now. She is now 29 years age. (formal divorce not yet done. which may take much more time after filing a case in court)
Answers (1)

Answer #1
572 votes
No, your daughter cannot legally marry another person unless and until the existing marriage is dissolved by a competent court through a decree of divorce. Any second marriage during the subsistence of the first marriage may have serious legal consequences. However, if it is true that the husband has contracted another marriage during the subsistence of his marriage with your daughter, she may have independent legal remedies available against him, subject to proof and supporting evidence. Considering the prolonged separation since 2015 and the facts stated, your daughter may immediately initiate appropriate matrimonial proceedings seeking divorce and other consequential reliefs. It is advisable to collect all available documents relating to the husband's subsequent marriage and overseas residence before commencing legal action.
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