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Remarriage

(Querist) 25 January 2019 This query is : Resolved 
Name: vineeth.

Possible to marry 2 nd time during pendancy of divorce case in court.
SHIRISH PAWAR, 7738990900 (Expert) 25 January 2019
No. Only after expiry of appeal period of divorce order you can remarry with another person.
Adv Prashant (Expert) 25 January 2019
One can re-marry only if decree of divorce had not been challenged in appeal by opposite party OR if appeal had been made, either the appeal had been rejected or the time to appeal had been expired and no appeal had been made, than one can surely go for marriage.
for any further doubts, call me @ 9760290825 Adv Prashant , Aligarh. U.P.
kavksatyanarayana (Expert) 25 January 2019
Divorce case is pending in Court at present. After passing decree and after expiry of appeal time of decree then only you can remarry.
Dr J C Vashista (Expert) 26 January 2019
No, party to divorce is still married and during subsistence of marriage no can not marry.
You have posted similar various queries earlier.
What is your locus standie and advise of your lawyer ?.
Sudhir Kumar, Advocate (Expert) 26 January 2019
NO
Martin S. (Expert) 26 January 2019
If the question is about marrying, then yes, one can. But there will be other consequences depending upon which caste you belong and which caste the girl belongs, age, marital status also matters a lot. There are loopholes in law, if you can catch some advocate who is proficient in Family Laws in India, you can as well play marriage marriage second time during subsistence of 1st marriage.
You have seeken opinion, and so it is from my side.

Legally looking from broader perspect, you cannot marry without taking divorce from 1st wife. but as I said, it depends.
Sudhir Kumar, Advocate (Expert) 27 January 2019
Fully disagreed with Mr Martin.

There can be marriage if both the parties do not have a living spouce. The law is clear.

The cast of either party is absolutely irrelevant. Only their religion is relevant. If they belong to different religion then the marriage is possible under Spl Marriage Act.



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