Sameer (Executive) 30 April 2013

Getting married when 306,498a case is running..?

Dear Experts,

Can any one tell me, if a person marries when he is undergoing trial for the case of IPC 306, 498A , Is it going to create any problem in the case..?

Experts please write your opinion on this..

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11 Replies

Sanjeev (Lawyer) 30 April 2013

there are no issues he can get married dont hide any facts from the would be life partner if you are divorced through a decree from court

1 Like

Sudhir Kumar, Advocate (Advocate) 30 April 2013

yo9u have not stated if the divorce has taken place.

Sameer (Executive) 01 May 2013

No she is no more..........She passed away 2.5 years back only............

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 May 2013

Dear Querist

if the person is hindu there is no restriction to marry when 306,498a case is running.

only the requirment should be fulfiled as per section 5 of Hindu Marriage act

5. A marriage may be solemnized between any two hindus, if the following conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of the marriage

(ii) 1[ at the time of the marriage, neither party-

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) the bridegroom has completed the age of 2[ twenty- one years] and the bride the age of 2[ eighteen years] at the time of the marriage; (iv.) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

Sudhir Kumar, Advocate (Advocate) 01 May 2013

widower can remarry even if there are multiple criminal cases on him

Sameer (Executive) 02 May 2013

dear all thank you very much for your advice,

Just wanted to know whether the complainer raise any objection in the court if the widower marries again..?

Is it going to make any difference in the case..?

Advocate Ravinder (Advocate/Attorney) 16 May 2013

It is very ridiculous that how can a person give divorce to a dead wife. The experts viz. Gangadhar gowda, Sanjeev and Sudheer Kumar have not understood the question of sameer. As soon as the occurance of death of either of the spouse, the matrimonial bond will be closed and either of them are free to marry irrespective of the cases either civil or criminal.

The complainant cannot raise any objection. it will not effect the case.

Sameer (Executive) 17 May 2013

Thank you very much Ravinder Sir, I am really thankful to you for spending your valuable time on giving your valuable suggestion.

Thanks and Regards

Sameer.

Ompal Aggarwal (Advocate) 26 May 2013

HMA 1955 does not put any restriction on the marriage of widower provided both parties fulfil the conditioned mentioned in section 5 of HMA. If case u/s 498A/306 IPC is pending against the widower

better tell this to the other party before the marriage

Advocate Ravinder (Advocate/Attorney) 26 May 2013

I completely agree with ompal Agarwal sir, Kindly can you give the details that is there any provision that the husband has to inform the other side regarding the marraige when the case is pending under sec. 498a, 306 IPC.