Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Remarriage during divorce

(Querist) 14 November 2013 This query is : Resolved 
My divorce case is going on since a long time . My wife is not ready to give divorce to me and I'm staying alone from last three years. Because of tension and loneliness I'm suffering from many physical problems. My wife is unnecessarily trying to grab money from me. Is there any provision under Hindu or Muslim law by which I can re-marry during my divorce case is going on??
R.K Nanda (Expert) 14 November 2013
not possible.
BAALASUBRAMANNYAMM (Expert) 14 November 2013
No person is entitled to go for remarriage,during pendency of a petition for divorce.
Rajendra K Goyal (Expert) 14 November 2013
Re-marry during divorce case pending can not be done.
prabhakar singh (Expert) 14 November 2013
In your situation there is no way. Concentrate on contesting the case and get a divorce decree finally,thereafter only possibility of next marriage would arise.
Devajyoti Barman (Expert) 14 November 2013
Sorry..have some patience.
There are many things in life beyond marriage which can bring peace and happiness in you.
Find those .
Vijyant Nigam (09807349001) (Expert) 15 November 2013
because of tension and loneliness, if you found some partner so simply live with her...

get rid of first marriage first and then rethink for second, in this manner you will also be able to judge your new partner in the meantime...

legally i agree with the opinion of my colleague experts as above.
rohit (Querist) 16 November 2013
vijyant sir do u mean live in relationship ?? in that case what if my wife will file bigamy case on me ??
Akhilesh Kumar (Expert) 16 November 2013
Mr. Rohit file an Application before High Court under 226 and 227 of Constitution of India and seek direction for urgent hearing and time for concluding the case and order within specified time.
Vijyant Nigam (09807349001) (Expert) 16 November 2013
similar risk is involved in live-in also, but it has to be proved by her which is a difficult task...

live-in can be converted into valid marriage after your divorce from the first..

but remarriage before divorce may lead you behind the bars under section 494 of IPC by the first wife and under section 495 of IPC by your would be... (if you hide about the first from the second one). hence, the position might become worst than live-in...

i also agree as mr. akhilesh suggested to file petition before high Court for expedite hearing of your divorce case if your case is delaying unnecessarily or due to the dilatory tactics adopted by your wife.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :