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Raj (na)     05 July 2014

Remarriage at what time frame ?

When can a person remarry if he is a hindu brahmin male. Can  a person go for next marriage as soon as the divorce petition is filed on a mutual basis or one has to wait for the final divorce decree in hand before going for remarriage. What is the earliest time frame for doing second marriage for a hindu brahmin male ? Pls answer. What in case i go for  my reamarriage in the form of court marriage  the very next day of filing the mutual divorce with my first wife?



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 9 Replies

Sudhir Kumar, Advocate (Advocate)     05 July 2014

unless divorce is ordered the marriage subsists and he cannot remarry.

sankar P (supervisor)     05 July 2014

Dear Shri. Sudhir Kumar sir,

Can he Live-in -relationship  with another women after filling divorce?

Kindly advice me sir,

Many thanks,

Adv k . mahesh (advocate)     05 July 2014

what ever you want to do you can but it will effect you final order 

your present wife may change her stand

she may demand suddenly alimony at present if she is not demanding and if she is demanding she may increase 

this evidence will spoil whole case 

and if she agrees no problem 

sankar P (supervisor)     05 July 2014

Dear  Shri. Mahesh Sir,

Thank you for your Valuable and kind information sir,

In this we realize we have to take precaution throughout the completion of case,

Many Thanks,

Best Regards,

Shankar.

Adv k . mahesh (advocate)     05 July 2014

yes you have to take care 

Raj (na)     05 July 2014

Means one has to wait till the final divorce decree. What in case one marries just after filing the petition on mutual basis. will the second marriage get affected ? is it a crime in the eye of law if one goes for court marriage  the very next day after filing the divorce by mutual agreement  with the first wife ? What kind of criminal charges can be there against that male ? will it still be called a case of bigamy even after filing divorce petition on mutual basis ? pls remove the doubts and clear the confusions. Thx.


(Guest)

Yes the case of bigamy will be made against the husband or wife who have remarried just after filing any kind of divorce petition. IPC 494 will be applicable for filing of bigamy. Unless the court has decided the divorce petition and have granted divorce then only after you can marry. Bigamy can be filed by the wife . It is very rare that wife will give consent for re marriage while divorce still pending. IPC 494 specifies imprisonment upto 7 yrs or fine or both. Even court marriage will be null and void if the divorce petition is pending ...

Sudhir Kumar, Advocate (Advocate)     05 July 2014

no way                                       

T. Kalaiselvan, Advocate (Advocate)     06 July 2014

The very concept is to be understood that you have filed a petition for dissolving the marriage by a decree of divorce under mutual consent, it means you seek the relief of getting your subsisting marriage dissolved before a court of law.   So, what is the status of your marriage until a judgment is pronounced in your case, i.e., whether  the marriage is dissolved or subsisting?  Therefore, any hurried decision to remarry before the judgment or decree is passed, will be an offence under bigamy and you are liable to be prosecuted and punished for the offence as per provisions of India Penal code section 494. Do not be excited or over anxious, patience will reward you.


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