• Can I remarry after the first hearing of divorce.?

My would be husband has not got the final divorce as he filed a case against his first wife. Their is divorce hearing on 2march 2019 and the lawyer has said by next hearing final divorce will be done. So is it possible that we can marry in the month of April ending because he used to stay in abroad and he will be coming for one month only in that april month. And for my visa registry marriage is important so can we do that as well?
Asked 8 months ago in Family Law from Varanasi, Uttar Pradesh
Religion: Hindu

You can marry only after the divorce decree is granted and appeal period is over that is of 90 days.That is if contested divorce you have to wait for another 90 days after divorce, if mutual consent you can marry after the divorce is granted by court. 

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Don’t remarry after divorce decree . the reason being their is possibility of your wife filing an appeal against grant of divorce on grounds that her signature was obtained by coercion

3) wait for period of 60 days from grant of divorce decree for remarriage

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

No. U can't marry until a divorce order (decree) from d court passed & until d period of appeal is passed away.

Sital Patil
Advocate, Kota
51 Answers

Not rated

After divorce decree is passed the divorcee can marry after 90 days from the date of the decree, thats the law.

Aveek Bose
Advocate, Kolkata
950 Answers
4 Consultations

4.7 on 5.0

1. After the passing of 90 days from the date of divorce it is advisable to get remarried so the period of appeal gets over.

2. However the validity of remarriage never gets affected merely because it is done within one month from the date of passing of decree of divorce.

3. SO if there is urgency in your case as it appears you can remarry and apply for visa accordingly.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

You can marry with your husband until the court passed the decree of divorce against the first wife

Parveen Narwal
Advocate, Rohtak
8 Answers

Not rated

Married person who is in the process of divorce if gets marry again during the course of his divorce proceedings is known as bigamy and this is a punishable offence and if his wife complaints about this he will be punished and sent to the jail it is always better to get the divorce decree before getting married as this is going to create problem while registration of the second marriage as he has to produce the copy of divorce decree at the time of registration of the marriage and in case divorce decree is of a later date it will not be accepted for registration of marriage and the second marriage will not be registered it is mandatory requirement now to get marriage registered for various regions

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

1)As your marriage is consummated you are required to obtain divorce else your second marraige is null and void in the eye of law. 

2)Without Divorce decree you can not registered your second marriage. 

 

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

You dont do the mistake of marrying him without he getting his marriage dissolved by a decree of divorce.

Your marriage will be null and void and all your plans to migrate to abroad with this support will be shattered.

First confirm that his marriage has been dissolved and see the decree copy your own eyes and also take a legal opinion from a different advocate and then proceed with your plans to marry him.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

I am sorry but you can't marry unless the divorce is pending. if you marry before the decree of divorce is passed, that marriage would be a nullity. also as per the HMA, you cannot marry unless the time for appeal against the decree has elapsed/the other party has not appealed/ the appeal is dismissed.

regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

1. For him to remarry without obtaining a decree of divorce will be bigamy which is a punishable offence under Section 494 IPC.

2. He should wait for the decree to be passed and drawn up, and then only remarry. 

3. It is not clear from your statement of facts as to whether the next hearing would be first or second motion.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Dear Madam,

Remarriage without getting divorce is a punishable offence with seven years’ imprisonment

As per Hindu Law, Christian personal law and Special Marriage Act(called as court marriage popularly), unless one dissolves a marriage legally, subsequent marriage will be void or invalid.

Even after getting divorce decree, one needs to wait till time for filing appeal passes and the decree is not challenged in a Higher court till that time.

Such marriage is void ab-initio and is not a marriage in eyes of law. The person so marrying can be charged with Bigamy.

Also, if a man marries a woman whose divorce case is running in court, he can be put on trial for Adultery as well apart from Bigamy,

 

Netravathi Kalaskar
Advocate, Bengaluru
3069 Answers
13 Consultations

5.0 on 5.0

You need to wait for 90 days, after the decree of divorce is passed; and only in case within  this period of 90 days no appeal is filed, you can marry your would be husband. 

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

1) After divorce order is passed he has to wait for 90 days and than he can marry with you.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

No. Unless divorce comes, you cant marry him officially.

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

1. No, I would not advise you to marry within 90 days from the date of divorce.

2. You can not marry him till the divorce is granted and 90 days thereafter since 90 days is the time of appeal within which the wife can file an appeal before he Higher Court.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

no you can't marry till you get the final decree from the Court

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

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