2nd marry while divorce pending since 2.5 years
Sampad
(Querist) 22 October 2016
This query is : Resolved
I married on 2009 april.. she leaves my house on sept 2010..
After failure of all negotiations i filed divorce under 13 (1)(i),(i-a),(i-b) on may 2014.. after getting that she filed 498a on 16 th sept 2014.. and seized the dowri articles from my parental home in presence of police. even i was arrested and in jail for 3 days ie. from 6th oct to 8th oct 2014. she also filed maintenance case at that same time.. but after 2 years till now no date has come.. its already 6 years of separation..
Can i marry again.. or any procedure to take permission from court to remarry before finalize of divorce case...
Dr J C Vashista
(Expert) 22 October 2016
If you are a Hindu you will have to wait for remarriage till passing of decree of divorce.
Advocate M.Bhadra
(Expert) 22 October 2016
You can not marry again till obtain a decree of divorce,as because your first marriage is subsisting.
File a Revision Petition under article 227 of the Indian Constitution in High Court to get expedite order for speedy disposal of the suit which is pending.
Article 227 in The Constitution Of India
Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
Sampad
(Querist) 22 October 2016
Thanks ....
But if i remarry in a temple without any proof in presence of only family members..
What charges may apply upon me.. and can i be arrested for 2nd marriage.. bcz there is no proof..
Actually.. i want to marry a widow.. her husband was died 6 years ago.. and she is agree to marry in temple without any photo or record or proofs..
Recently She will not stay with me.. she will live for some days with me.. and some days with their parent..
She also knew that she will not be my legal wife.. but she is agree..
Please suggest .. what should i do...
Devajyoti Barman
(Expert) 22 October 2016
The crime is a crime, no matter how you commit it.
So do not expect us to advise you do something which is illegal.
First get divorce and then remarry.
heaven will not fall if you deprive yourself from female company till you dissolve the marriage.
Guest
(Expert) 22 October 2016
Instead of showing haste for second illegal marriage in the absence of divorce, better concentrate on the issue to get your divorce expedited.
Rajendra K Goyal
(Expert) 22 October 2016
She can file criminal case of bigamy.
Remarry without divorce is illegal. If FIR registered, police would gather proofs.
Agree with the advice from expert Devajyoti Barman.
Kumar Doab
(Expert) 22 October 2016
"Can i marry again.. or any procedure to take permission from court to remarry before finalize of divorce case...
"
No.
None.
If you are employed and if such marriage is reported you may loose it.
Dr J C Vashista
(Expert) 23 October 2016
It would be better if you avoid further "ifs" and "buts" for extending the thread to convert your query into academic and hypothetical??
If you have decided to remarry during subsistence of marriage and living spouse (as a Hindu) you should not have posted this query to seek FREE LEGAL advise from the experts, proceed and face the consequence, who has stopped you?
Rajendra K Goyal
(Expert) 23 October 2016
You can discuss in detail with your lawyer.
Kumar Doab
(Expert) 23 October 2016
Further your own counsel can advise you on details, if any, required for you.
