Dear Client,

While subsistence of first marriage, second marriage is void. File appeal in High Court,

No court in India can force anybody to live with anybody, that too in case of husband and wife.

If a woman is living with another man or marries without getting divorce from first husband, first of all, the marriage shall not be considered to be a valid marriage under any law of India.

If she is living with another man, then such man shall be charged with adultery under sec. 497 of the Indian Penal Code,

File appeal against order of family court dismissing divorce petition

2) your sister cannot remarry during subsistence of earlier marriage

3) she cannot convert to Islam and remarry him

4) if she converts and remarries her husband can file case of bigamy against her

During pendency of appeal sister cannot remarry

She can seek expedited hearing if appeal

Without divorce 2nd marriage is void. press for early hearing and disposal of appeal. Appoint good lawyer.

Sir see cannot marry in substance of her first marriage in case she do her husband can file a criminal case of bigamy and that shall aslo effect her job adversely, appeal on order of the divorce to the high court.

See cannot marry if her first marriage is still valid there is no way around divorce decree is only option.

Under Hindu Minority and Guardianship Act, sale of such property cannot be done without prior permission of the court.

As per clause (a) of subsection (2) of Section 8 no immovable property of the minor can be mortgaged or charged or transferred by sale, gift, exchange or otherwise without the previous permission of the court.

Firslty, when a divorce petition has been in the family court, and thereafter lost then you have an option to challenge the same.

Secondly, no matter whether you have gone to the High Court or not as previously it was for any preliminary decree of any.

Thirdly, now, as divorce has not been granted, I advice you to challenge the same as soon a possible befor the High Court.

1. She can not get married to the other person without availing the decree of divorce from the Court.

2. Should she solemnises her marriage with the said Muslim person, the said marriage will be considered as void at law.

3. The said Muslim person can be leveled with the charge of adultery/bigamy punishable with jail terms.

She can not marry again without availing the decree of divorce from the Court and if she marries him, the said marriage will be considered as void at law as has been explained in my earlier post.

Hello,

Dear Sir it will not be possible to get married without the first marriage getting dissolved.

The appeal against the said order will be filed in the HC.

Changing religion and marrying is not advised since she is in air force and the department may take action.

Regards

No she can not get married if the appeal is pending in the HC.

Regards

She cannot get married during pendency of suit. As there are chances of high court upholding the decision given by family court. You have to wait till juudgement by High Court as lower court has mot granted a divorce decree.

If you fish you can see me in my chamber I am a practicing advocate in High Court Lucknow and have Association with the retired District judge to discuss your case you may call me or you can find out the contact details from this site.

Legally, She can not married without taking divorce from her husband.

Dear,

You can't marry with Muslim boy without divorced first.

As you mention court not gave order in your favor.

If court not gave this order you are free to marry Muslim boy through

special marriage act.

Contracting marriage with another person during the subsistence of the marriage is an offence under section 494 called as bigamy.

She being an Air Force Officer, this will be considered as a very grave offence, misconduct and unbecoming of an officer,

She will run a risk of even losing her job by doing this proposed marriage without dissolving her subsisting marriage by a decree of divorce.

Dont know on what ground that her petition for divorce was dismissed by the trial court, if she has a strong reason and has rightly pleaded before the trial court, she may prefer an appeal against this decision.

You may consult a local advocate for a second opinion other than your own advocate, for further issues.

It has been filed already. after it got rejected in the family court. Our question is how can she get married even when the case is pending in high court.

If appeal has been filed then you may have to wait for the outcome of the appeal case.

As on this date her marriage has not been dissolved by a decree of divorce.

Hence any marriage contracted during the pendency of appeal also will be treated as an act of bigamy.