You cannot remarry during subsistence of earlier marriage
2) your wife can file case of bigamy against you under section 494 of IPC
Remarriage when Divorce case is pending
I have applied for Divorce in 2016 under Indian Marriage Act as I am a Hindu and my wife is a Christian. The case was dismissed in 2020 for lack of sufficient cause. I have applied for appeal in High Court in 2020. The case is yet to be listed for hearing due to COVID and other pending cases before mine. The opposite party is willing for mutual separation but asking me a huge amount for settlement which I cannot afford. Can I remarry another women now, considering that the legal process is getting delayed and I have already lost 6 years of my life. What are the legal implications? Is there any provision that I can do this safely?
Asked 4 years ago in Family Law
Religion: Hindu
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18 Answers
Dear client,
You can surely remarry while the appeal in pending in the high court, and that marriage will not be punishable and will not be void.
Thank you.
Remarriage during pendency of your Appeal in the High Court would be illegal. The same would amount to bigamy which is punishable under the Indian Penal Code. It is advised that you work out a compromise, and proceed ahead with a mutual divorce with your wife and remarry only after the finalisation of your divorce proceedings with the first wife.
In my opinion, you can be in livein relationship but marriage should be disclosed after settlement of case for divorce.
It is not advisable to rush with remarriage when the appeal is lying in the high court.
You can't remarry till you get a divorce decree and the appeal period is pending after decree
- 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.
- Since your divorce petition is dismissed and no outcome from the appeal till date , it means she is till date your legally wedded wife , and without getting divorce from her you cannot do second marriage with that woman.
As youir divorce petition has been dismissed by the trial court, you are considered to be still married to your spouse.
In this situation if you marry someone it can be termed as an act of bigamy which is an offence under section 494 IPC punishable up to 10 years of imprisonment.
Instead you can negotiate the amount and arrive at a compromise with your spouse to file a mutual consent divorce and get your marriage dissolved at the earliest in order to proceed with your proposed remarriage.
The appeal may not be taken up so soon, hence waiting tfor the appeal to be heard may drag on the case much longer without any relief to you.
1. You under no circumstances can remarry without availing the decree of divorce from the Court in connection with your marriage with your wife.
2. If you marry another woman without taking divorce from your present wife, you will be charged u/s494 of IPC for bigamy punishable with jail term for a maximum period of 7 years with or without fine.
3. Negotiate with your wife and bargain with her for a reasonable amount for settlement.
Can I go for a live in relationship with another without remarriage? Will it have any legal implications?
Asked 4 years ago
Adultery is no longer an offence
have discreet relationship
your wife can file DV case against you if you have live in relationship
Live in relationship with another person will not be termed as married to that person, though it may attract an act of adultery.
But this is not illegal and you cannot be prosecuted for this reason, you can proceed as per your proposal.
Dear Querist
As per law without taking divorce from other spouse by the decree of the court if any party of the marriage solemnized second marriage then he or she may be prosecuted for the offence of Bigamy under section 494 of IPC before the criminal court i.e., the magistrate Court of area.
Live in relationship cannot be safe in this scenario.
Yee you can go for live in. But if that goes on record it will go against you.
Live in relationship seems to be fine. Has no repercussions given the fact you ate already divorced and jus the appeal is pending.
- Supreme court declared that , when a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.
- Hence, , you can go for a live in relationship even divorce is pending
Dear Client,
Yes, you can go for a live-in relationship and there won't be any consequences.
Thankyou.
No, not advisable. Please do not be in a hurry.
1. You can go for a live in relationship with another women for which you can not be charged under any section of Indian Penal Code since the Apex court of India has decriminalised Adultery.
2. However, your wife can bring this point as evidence of cruelty to be considered as a ground for granting decree of divorce.
3. You shall have no problem for the above since you yourself has already filed an appeal for getting divorce before the High Court.