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s shukla shukla (employee)     03 April 2010

plural marriage

one of my friend got married with girl A in 1995.he took divorce from A from lower court in 1998 but district court cancelled decree of divorce.he appealed in highcourt.the case was pending in highcourt.my friend and A signed an agreement to get separate and to marry with partener of their choice.now my friend got married with girl B in 2002.girl A also got married with other guy.highcourt also gave judgement in favour of my friend and maintained the decree of divorce passed by lower court passed in 1998.Now his second wife ie B also took divorce frommy friend in 1998 and after taking divorce filed case of plural marriage.can some one comments and advise me on this matter.

thank you


 1 Replies

Devajyoti Barman (Advocate)     03 April 2010

Mere agreement to get separate from each other does not give right to marry again in absence of a decree of divorce from competent cpourt of law. If at the time of second marriage by your friend he did not get a divorce or did not wait for for the appeal period then definitely he cpould be prosecuted for bigamy.

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