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ramachandran (own)     24 January 2017

Marrige before divorce

CAN A MARRIED PERSON (WHO IS NOW ON DIVORCE PROCESS) CAN PUBLISH FOR ANOTHER MARRIGE  IN A MATIMONIAL WEBSITE BEFORE COMPLETING THE PROCESS OF THE DIVORCE. ANY JUDGEMENTS REGARDING THE ABOVE.PLEASE PUBLISH.IT WILL BE VERY HELPFUL.



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 7 Replies

Sachin (N.A)     24 January 2017

Person can publish advertisement but cannot remarry.

Pawan S (Advocate)     24 January 2017

Agreed with Sachin. That's why, matrimonial sites provide an option called "Awaiting divorce" in the "Marital Status" area.

 

 

KS Johal   25 January 2017

yes I fully agree

Sudhir Kumar, Advocate (Advocate)     25 January 2017

you may better give facts of the case.

windowsxp   25 January 2017

Yes u can publish.

Pradhan GB   16 January 2022

A person is going to nomination on election but conflicated marrige life is it possible?

Megha   17 January 2022

Hi,

As per Section 15 of the Hindu Marriage Act, 1955 (HMA) contarcting second marriage during the pendency of divorce proceedings during first marriage shall be unlawful.  This view was also upheld by the Hon'ble High Court of Calcutta in the case of Smt Kajal Chowdhury vs Dilip Chowdhuryand Supreme Court in the case of Tejinder Kaur vs Gurmit Singh.  This has also been made punishable under section 494 of the Indian Penal Code, 1860 with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.  

Therefore, it can be said that marriage during the pendency of divorce proceedings shall be void.

However, several High Courts includng the Supreme Court have recently passed contrary decisions stating that second marriage during the pendency of divorce pleadings of first marriage is valid and will not result in contempt of court. 

 Kerala High Court while deciding the case of Manoj v. State of Kerala & Ors.held that:

"Once the appeal ends in dismissal confirming the decree of divorce of the Family Court, it would come under the third limb of Section 15 of the Act irrespective of the fact that the marriage was solemnized either before the presentation of appeal or before the culmination of appeal." 

Tecently, the Nagpur bench of Bombay High Court also held that a second marriage during pendency of divorce proceedigs would not amount to contempt of court.  ..
 

Best regards,
Megha


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