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Victor (Manager)     20 May 2024

Divorce case pending

When the divorce case is pending for last 5 years and no one is able to say how many months or years it would take for granting a divorce because of the delays in the court  & other responding party playing delay tactics ?. It is a contesting case where she (498a- wife)  only interested  to drag the matters & dates  and   both spouses living separately under different roofs. Now in this situation ,is the man entitled to marry another one  or will this be in bigamy . If it is an offence , then, what justice would a man get for this kind of harassments and wait for some more months/years for the divorce ? any way pleaseee


 10 Replies

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

Sorry we are not in need of any financial assistance, you can open your shop elsewhere 

Mr. Sumitra kumar (Advocate)     20 May 2024

Wait till decree of divorce is granted.


Thank you.

T. Kalaiselvan, Advocate (Advocate)     20 May 2024

Suddenly some other question is appearing in this thread and the previous post has been found to be deleted,  but not known by whom.

Well,  your question is whether you can marry another woman during pendency of divorce case  because the decision in the divorce case is getting delayed inordinately,  cannot be a reason to escape the legal action for the offence under bigamy. 

Don't play with law,  wait for the disposal of the pending case to decide further course of action to be taken in this regard. 

kavksatyanarayana (subregistrar/supdt.(retired))     20 May 2024

Could you wait until the decree is ordered?  You may marry another it leads to legal complications.

Dr. J C Vashista (Advocate )     21 May 2024

Before passing a decree of divorce if you are professing Hinduism and getting married with some other woman it would attract the provisions of Section 494 IPC i.e., it will be termed as "bigamy".

Sridhevi (education)     21 May 2024

go to high court for speedy trail and with all facts and certified copies

meenakshi garg   21 May 2024

Answering to your query, marrying second woman while the divorce is pending would be a void marriage per se because it would contravene section 5 (i) of Hindu Marriage Act, 1955 read with section 11 of Hindu Marriage Act, 1955. It would absolutely constitute an offence called bigamy as defined under section 494 Indian Penal Code,1860. You will have to wait till the final disposal of the case. In this scenario, there is no specific legal provision available to deal with delay tactics or harassment to an aggrieved person. However, it is a cardinal principle of legal system to decide the matter as expeditiously as possible. The law is practiced differently than letter of law written by the legislature. The court has to impart justice after giving an opportunity of hearing to both the parties. However, it is suggested to inform the court, being officer of court, about the delay tactics of the respondent (wife) and she just wants to drag the case as many years as possible so that the court is well informed and can strictly take action to avoid undue delay and make this process faster as much as needed. At the most, if she opts to take some tactic against which you can file for temporary injunction under order 39 civil procedure code, 1908, otherwise rest is a matter of judicial discretion. 

Victor (Manager)     22 May 2024

Wait.. means another minimum 5 years to go. as it is still in filing the counter stage, and filing counter is since last 6 months. Every time it is wrritten this is last chance to file counter,but next date the status is cut paste same - last chance. There are 2015 registered case in the same court. So this  court in Hyderabad  delivers the contested cases around 9-10 years. Its SAD but true, Justice delayed = Justice denied but why lower court or higher courts will bother as all the cases are lingering in same way, so the have authority to say not your case is delayed look at all other cases are like that, what can we do ???? .  Even if you get an exclusive order from HC to expedite the matter, the courts are generally very very soft to women plus the counsels from their side find all kinds of ways to delay the proceedings . There are no guidelines or no Justice , only the might and influencing counsels will get what they want but at very high premium cost which God only knows!!!! 

T. Kalaiselvan, Advocate (Advocate)     23 May 2024

The Madras High Court has suggested prescribing a period of limitation for filing counter reliefs of divorce or restitution of conjugal rights.

The Karnataka High Court has said courts (trial courts) should make all efforts to try and dispose off matrimonial cases, which involve prayer for the dissolution/nullity of marriage, within an outer limit of one year.

There is no set time that a divorce must be completed by. However, if a judge notices that a divorce has been sitting in the system for close to a year, a hearing will likely be set to try and finalize any outstanding issues.

Although the divorce is initially contested, if both parties can be brought to agree on contentious issues through mediation or negotiation, they can convert the case into one of mutual consent, significantly reducing the time required for the divorce.

You may insist before the court on the above lines, you can ask your advocate to put pressure on court on this inordinate delay

P. Venu (Advocate)     20 June 2024

Are you setting question paper for the participants of this Forum?

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