LawRato

Second marriage while divorce case court proceedings


18-May-2023 (In Divorce Law)
My brother got married on 2016 and his wife got separated during her pregnancy time on 2017 and till date not living together, the woman shows no interest to live together, but during court trials, just disguise herself like to live together, but outside court purely show no interest. It has been 6+yrs from both got separated, so can 2nd marriage be allowed to the man as his future has been uncertain for past 6+ years. Please suggest.
Answers (3)

Answer #1
933 votes
The marriage between them should be dissolved by a decree of divorce through a court of law, he can remarry only after that, otherwise he he will be considered to have done a crime under section 494 IPC, and he will punished for that.
Helpful? LawRato LawRato
Advocate T Kalaiselvan

Adv. T Kalaiselvan

LawRato Vellore | 400+ Answers
Chat with Advocate T Kalaiselvan Chat 

Answer #2
681 votes
without getting any valid divorce order from the court no person can marry a second time if you are brother marriage then he will be charged for bygami and it provides 7 years imprisonmentso it is better advisable that your brother should approach the court on the ground of the section and if any reasons for cruelty exist and you should get divorce on the ground even there is a separation of 6 years
Helpful? LawRato LawRato
Advocate Satish Kumar

Adv. Satish Kumar

LawRatoChennai | 500+ Answers
Chat with Advocate Satish Kumar Chat 
Answer #3
925 votes
it's advisable to wait until the divorce is finalized before entering into a second marriage to avoid potential complications. Engaging in a second marriage during the pendency of a divorce case could have legal implications and may impact the divorce proceedings.
Helpful? LawRato LawRato
Advocate Parthasarathy G

Adv. Parthasarathy G

LawRatoChennai | 25+ Answers
CONTACT NOW

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

Ranjan Dash
My wife is torturing me and my widow mother . I want to file divorce case. Can it happen with any problem sir ? Please give some tips Sir

Reply by LawRato
In India, divorce can be obtained under different grounds, one of which is cruelty. If you believe that your wife's actions constitute cruelty, it can be a valid ground for seeking a divorce.

To proceed with filing for divorce based on cruelty, it's important to gather evidence and documentation that substantiate your claims. This can include any records of incidents, witnesses, photographs, medical records (if applicable), or any other relevant evidence that supports your case.

Consulting with a family law attorney in India will help you understand the specific legal requirements, procedures, and potential challenges involved in filing for divorce based on cruelty. They will guide you through the process, assist in preparing your case, and represent your interests in court.

It's also worth mentioning that divorce cases can be complex, and it's important to consider various factors such as child custody, property division, and financial support. A lawyer can provide you with guidance on these matters and help protect your rights throughout the divorce proceedings.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato