Marriage will be void and criminal offense. Decree is essential, every thing else is a formality.
Hi, The second motion in my divorce case has gone through with both sides submitting the divorce consent affidavits. However, no divorce decree has been issued yet and the FIR under section 498-A/323/354/406/34 is scheduled to get quashed in high court in May.The final installment of the settlement amount will also be paid then (May) before the quashing of the FIR. Can I marry again in the meanwhile in April before the divorce decree has been issued & before the quashing of FIR as the divorce is all but done after the second motion and the court has received consent from other party about them agreeing for divorce. Is the decree only a formality and will there be any complications if I marry in April before getting the divorce decree in hand and before quashing of the FIR under 498-A/323/354/406/34?
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You can get married before the quashing of the FIR but not before the decree of divorce has been passed by the court. If you do so, you will be coming and offence of bigamy under section 494 of the Indian penal code and your second marriage would be void as per law.
Dear Sir/ Madam,
It is always advisable to abide by the due course of law and it is recommendable too. Before obtaining the Decree of Divorce , you should not take such steps of remarraige
No you cannot marry before the decree is issued as technically you are married till the issuance of the decree. She may take advantage of this fact and reveal this. Bigamy is an offence.
Legally before the decree of divorce is not drawn then the marriage is still subsisting.
Therefore any marriage contracted during the subsistence of the marriage then it can be termed as an act of bigamy and an invalid marriage
You may wait for the decree of divorce is drawn by the court for marrying again.
As per Hindu Personal laws a second marriage without ending the first marriage would be null and void.
1. Unless the decree of divorce is passed the marriage continues to subsist for all legal and practical reasons. Hence, you cannot remarry.
2. The decree is not a 'formality'. Remarriage before passing of decree of divorce will render the second marriage bigamous which is an offence.
There is an old saying "Jat Mara tab janiye jab teravi hoi" . In my opinion, you should wait till divorce decree is obtained and FIR is quashed. Finish the old chapter first and then start afresh. A spark is enough to lid fire.
Dear Sir,
Although the Hindu Marriage Act prescribes that it shall be lawful to marry again only after dismissal of an appeal filed by aggrieved party against the decree of divorce, the Supreme Court, however, clarified that second marriage would not be void if solemnised during the pendency of appeal
The apex court set aside Delhi high court which had held that any marriage solemnized by a party during the pendency of the appeal wherein the operation of the decree of divorce was stayed, would be in contravention of Section 5 (i) of the Act. It passed the order on an appeal filed by a man challenging HC verdict which had declared his second marriage void on a plea of his second wife.
The man got married the second time when his appeal against divorce from his first wife was pending in HC. During pendency of his plea, he had settled the dispute with his first wife and filed an application for accepting the divorce and sought withdrawal of his appeal. But a fortnight before the HC passed the formal order allowing him to withdraw his appeal, he got married for the second time.
His second marriage also did not turn out to be blissful and matrimonial discord between the couple led his second wife to challenge validity of the marriage saying that it was void as it was solemnised during the pendency of case in HC. A family court dismissed her plea but the HC gave verdict in her favour and declared the marriage void.
The apex court, after hearing both the sides came to the conclusion that violation of section 15 did not render marriage void and said “if a provision of law prescribes an incapacity to marry and yet the person marries while under that incapacity, the marriage would not be void in the absence of an express provision that declares nullity”.
“The Hindu Marriage Act is a social welfare legislation and a beneficent legislation and it has to be interpreted in a manner which advances the object of the legislation. The Act intends to bring about social reforms. It is well known that this court cannot interpret a socially beneficial legislation on the basis as if the words therein are cast in stone,” the bench said.
“The dissolution of the marriage is complete once the decree is made, subject of course to appeal. This court also decided that incapacity for second marriage for a certain period of time does not have the effect of treating the former marriage as subsisting and the expression ‘spouse’ would not include within its meaning the expression former spouse,” the bench said while referring to its 1978 verdict.
“Whenever a statute prohibits a certain thing being done thereby making it unlawful without providing for consequence of the breach, it is not legitimate to say that such a thing when done is void because that would tantamount to saying that every unlawful act is void... Consequences of treating a marriage void are so serious and far reaching and are likely to affect innocent persons such as children born during the period anterior to the date of the decree annulling the marriage that it has always been considered not safe to treat a marriage void unless the law so enacts or the inference of the marriage being treated void is either inescapable or irresistible,” the bench said while quoting its earlier judgement.
1. Yes you can marry again even if the copy of divorce decree is not yet issued to you.
2. No need to worry as this is mutual consent divorce and decree of divorce is granted on day of second motion and getting copy of decree is just a formality.
3. FIR will definitely get quashed in high court after mutual consent divorce.