Want to marry girl who has filed divorce but case is still pending
Answers (3)
A lady who has married once cannot remarry as per Hindu Marriage Act before taking divorce from her existing husband. If she marries you before taking divorce from her existing husband, it will amount to bigamy and will not be considered lawful. If the husband’s name is endorsed on the passport she will not be able to marry you even if you leave India. It is advisable that she talks to her husband and they file mutual divorce.
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In India you can't marry a girl who is still a legally wedded wife of another man unless she get a divorce from him. As it will be treated as bigamy u/s 494 ipc punishment will be upto 7 years also Offence by man Offence by woman
Man can be prosecuted for bigamy. Woman can be prosecuted for bigamy.
Man (married + unmarried) + sexual intercourse with wife of another= Man can be prosecuted for adultery Woman (married + unmarried) + sexual intercourse with the husband of another = Woman cannot be prosecuted for adultery.
Man (married) + sexual intercourse with an unmarried woman= No offence committed by man Woman (married) + sexual intercourse with an unmarried man= Woman cannot be prosecuted for any offence.
Man (unmarried) + sexual intercourse with woman (unmarried) = No sexual offence committed by man. Woman (unmarried) + sexual intercourse with unmarried man= Woman cannot be prosecuted for any offence. Rest consult me for further details
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