• Can a married man legally marry a divorced lady when the divorce case is ongoing

1. Can a married hindu man legally marry a divorced Hindu lady when the divorce case is on going ?
2. Is there any chance of doing so by converting religion by the male person or both ?
3.legally wedded wife already filed a 498 case that is also on going...
4. Can they have child from live in relationships? What will be the child's right ?
5 . Can that lady adopt a child under there care as a single mother ?
6 . Can the wife file any case against that lady ?
Asked 5 years ago in Family Law
Religion: Hindu

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25 Answers

He cannot marry during subsistence of his earlier marriage 

 

2) by converting to another religion he cannot marry his girl friend 

 

3) better avoid having any child from live in relationship 

 

4) wife can file for

divorce on grounds of adultery make lady co respondent 

 

 

5) divorced lady can adopt child as single mother 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Bigamy is not permissible among Hindus. If a Hindu remarries during the subsistence of his marriage he is liable to be prosecuted for the offence of bigamy under Section 494 IPC which carries an imprisonment of up to 7 years.

2. Even if a Hindu man converts to another religion which permits polygamy, he still cannot remarry unless his marriage is first dissolved under the personal law governing the dissolution of his marriage regardless of his conversion. He will continue to be governed by the personal law which governed his marriage even after his conversion to a religion which permits polygamy.

3. Live in relationship is permissible and they can have children also from it.

4. The rights of a child born out of live in relationship will be at par with a child born out of wedlock.

5. No case is made out against female live in partner by wife.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

No he cannot. He may be booked for bigamy.

No he cannot. He has to give divorce under the law he was married then can convert. This case has been decided by the supreme court.

The child would be born of a void marriage he would be a legitimate child as per the law but would not have a share in the ancestral property.

Your wife's case would get strong as having a relationship and a child feom another is cruelty and you would be in trouble.

You may live with her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Hence, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law. 

-  Further , since the second marriage is not a valid marriage , hence as per law that lady will not treat as your legal wife, except a consensual relationship, for which no rape case made out now. 

2. The Supreme Court in the matter of Sarla Mudgal v Union of India, has held , that conversion to Islam only for the sake of solemnizing a second marriage without dissolution of the first valid Hindu marriage will not invalidate the first marriage. In fact, the second marriage will be invalid.

- Hence, if you convert to Islam , only for getting marriage with that lady , then that will be not considered you legal marriage. 

-. As per the Supreme Court, When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.
- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.

- Further, the children born to live-in relationship are considered legitimate and enjoy all property rights due to them. They have the right to self-acquired properties of parents under the Section 16 of the Hindu Marriage Act.

- No, wife cannot file any case against lady. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. A married man contracting another marriage during the subsistence of his marriage is an offence under section 494 IPC called as an act of Bigamy. 

2. Conversion to Islam for the purpose of second marriage is not permitted.

Even converted to Islam for the purpose of contracting second marriage with a Muslim woman can be considered as an offence since he had married a Hindu woman earlier, so it can be considered as an act of Bigamy.

3. That will not entitle you to go for second marriage during the subsistence of your marriage with her.

4. Live-in relationship or an adulterous life or an extra marital affair and a child begotten by that relationship are not illegal.

The child will be considered as legitimate child of its biological father.

5. Yes. 

6. If they are in just relationship and not married then that lady's complaint is legally not maintainable.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The answer of 123&6 is No. While the answer of the question 4&5 is yes. 

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. No, second marriage is illegal during divorce proceedings 

2. No,

3. No matter what she filed, but second marriage is not allowed 

4. Yes they can have child from live in relationships, all the rights will be same as from a married wife. Rights will be same because man will be his biological father 

5. Yes

6. Not really 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Unless and until the decree of divorce is passed subsequent marriage would be null and void. 

2. No

3. It has no nexus with merit of your divorce suit.

4. Children born out of invalid marriage would be regarded as illegitimate. 

5. Yes

6. No

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. No

2. No,thats a crime

3. Should not have filed 498a , remedy is almost zero

4. Yes can have , child will get full rights

5. Yes.

6. No.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. No the man cannot marry another lady till the divorce is finalised.

2. Conversion of religion just for marriage is not permissible a case of bigamy can be filed by first wife.

3. It is no ground of second marriage. For second marriage a divorce decree in first marriage is required.

4. The man can stay in live in relationship, the child will have all rights of legitimate child.

5. See can adopt as single mother following the CARA guidelines.

6. No criminal case against the lady can be filed though wife can make her party in divorce case on ground of adultery.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 No he need to wait till the divorce decree. Marriage is illegal without divorce

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. No

2. Even if change your religion your previous wife will always have the sympathy that her husband left and even changed his religion.

3. That is different.

4. You can have children but that will be an illegitimate child.

5. Please be specific

6. If she has proof that the lady had lured her husband into getting divorce then she can file a case.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

If the man do second marriage before getting divorce from its first wife, its legally punishable.

The second marriage will be invalid. The Supreme Court, in the landmark case of Sarla Mudgal v Union of India, has expressly held that conversion to Islam only for the sake of solemnizing a second marriage without dissolution of the first valid Hindu marriage will not invalidate the first marriage. In fact, the second marriage will be invalid.

Children born to live-in partners are considered legitimate and enjoy all property rights due to them. They have the right to self-acquired properties of parents under the Section 16 of the Hindu Marriage Act. In case, the live-in partners are estranged, the maintenance of children is still a duty of the parents.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. No, a married Hindu man cannot marry a divorcee during the pendency of the divorce case,

one cannot do second marriage without divorcing his first wife. If one does so, he can be booked under IPC 494 which may result in imprisonment up to 07 years with fine and second marriage will become null & void

2. not possible by converting the religion also,

3. contest the 498a case,

4. the child, born out of the live-in relationship will be legitimate, and he will have equal rights in your property being your biological child,

5. child can be adopted fulfilling statutory regulations/provisions,

6. no, the wife cannot file any case against the lady,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Good Morning 

I am answering under the provisions of law your all questions 1 to 6 based on facts of the case which are as follows:-

1- No.

2- No 

3- The case of legally  wedded of 498 case against husband is valid and will be considered on merits  by the trial court. 

4-They can have child in live-in-relationship .The right of that child would be legal.

5- Definitely that lady can adopt a child as single mother.

6.No ,wife can't file any case against the lady based on the facts of the present case.

All the best.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Respected sir...

  1. No He can marry untill both the party are divorced.
  2. No sir there is no chance as it is clear stated in law that converting religion of husband doesn't affect the status of first wife...
  3. Whatever she filled is separate issue you have to contest that case...
  4. Sir that will be illagitimate child..
  5. Yes she can adopt.
  6. No she can't file any case against that lady ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1) No. It leads to bigamy.  He cannot marry during subsistence of first marriage.

2) No. Either party cannot covert into another religion to claim benefits under the said religion.

3) Contest the same on merits or go for Quash of the FIR.

4) Yes, you can maintain live in relationship. Preferably avoid to have children till you get divorce from your first wife.  However, the children will be legitimate.

5) Yes. A Divorced lady can adopt a child under single mother status.

6) Yes.  She can file for divorce making your the lady as co-respondent under 494 of IPC for bigamy.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Can a married Hindu man legally marry a divorced Hindu lady when the divorce case is on going ?
Answer: He can marry but that marriage will not called as valid marriage but void marriage.

2. Is there any chance of doing so by converting religion by the male person or both ?
Answer: No need to get converted in any other religion

3.legally wedded wife already filed a 498 case that is also on going...

Answer: Kindly Quash the 498a case from High Court, saying that you both are going for Mutual Consent Divorce. Here try to convince your previously wife.

4. Can they have child from live in relationships? What will be the child's right ?
Answer: Yes, they can have the child from live in relationship and the child's has right like they are child's parents.

5 . Can that lady adopt a child under there care as a single mother ?
Answer: Yes she can adopt the child but that rules and conditions are complicated as per the CARA.

6 . Can the wife file any case against that lady ?
Answer: No , she does not have any concern about that lady, unless n until she comes physically in contact with her.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

You are suggested not to worry and read one judgement given here. https://theprint.in/india/governance/second-marriage-valid-even-if-divorce-plea-of-first-marriage-pending-in-courts-sc/105611/

It is expected that all your anxiety, problems and issues will be solved if you proceed legally as per this order. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

A married Hindu man can not legally marry a divorced Hindu lady when the divorce case is on going ?

Both of the parties have to convert their religion to get married because as per law marriage between a Hindu and Muslim is void marriage.

Child will have the same rights as the legitimate child.


Single parents may adopt a child.

Your wife may file a case against you if you get married before getting divorce.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Only after divorce.

Conversion for marriage is illegal.

Yes, child will have same rights of legitimate child.

Yes, she can adopt after divorce.

No case agasint lady.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello,

  1. No, that is illegal.
  2. This is possible as Islam allows another marriage. However he needs the consent of the first wife to do so.
  3. This has no relevance to the question.
  4. They can have. The children will have rights of legitimate children.
  5. Yes she can.
  6. No, she can not.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. A married Hindu man can not marry another lady during the pendency of his marriage. It will be considered as bigamy u.s494 of IPC punishable with prison term for a maximum period of  7 years.with or without fine.

 

2. Getting converted for the purpose of marriage has been adjudicated against by the Apex Court of India.

 

3. You shall have to contest the 498A case fittingly.

 

4. They can have child which will not be considered as illegal as per IPC any more and the child shall have equal right of the properties of his/her father alongwith his other legal heirs.

 

5. Since the said lady is divorced, she can adopt any child following the provisions of law.

 

6. No case filed by the wife against that lady will not have any legal leg to stand.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. No he cannot marry till divorce case is pending.

2. No even in Muslim religion you need consent from your present wife. 

3. Yes they can have child and child will have all the right to get maintenance and share from Father's property.

4. Yes she can adopt child as single mother. 

5. No. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. No, he cannot. it is an offence under section 494 of IPC.

2. he can but still, it is an offence as above.

4. The child will be legitimate and have all rights as the child of a married wife.

5. married women cannot adopt the child without the consent of the husband.

6. No, she cannot, except the divorce case in which her husband and that lady will be the party.

 

 

Feel Free to Call

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

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