You cannot remarry during subsistence of earlier marriage
it would amount to bigamy and you can be prosecuted under section 494 of IPC
I am seperated form my wife for more than 4 years and no communication also,She is not letting me to see my children also.Now i have proceeded with divorce and filed a petetion for divorce considering these seperation.I am planning for second marriage,if divorce procedure is taking long time,What is the option for the second marriage
You cannot remarry during subsistence of earlier marriage
it would amount to bigamy and you can be prosecuted under section 494 of IPC
Hello,
You cannot get married without getting a divorce decree, no matter how long the proceedings go on. If you do you'll be liable to be prosecuted for bigamy u/s 494 of IPC.
Feel free to call for any further legal advice or assistance.
Regards,
Siddharth Jain
Without dissolving the subsisting marriage you cannot contract another marriage.
The subsequent marriage solemnised during the subsistence of marriage and spouse living is invalid and illegal attracting the offence of bigamy.
Whether the divorce proceedings are dragged on for a long time or is completed in a short duration, it is pertinent that the previous marriage has to be dissolved by a decree iof divorce through a court of law to enable you to contract another marriage subsequently.
Any marriage before dissolution of first marriage by proper decree divorce is an offence under Section 494 punishable with imprisonment up to 7 years. Obtain decree of divorce first and only after that go for second marriage.
- Under the Christian Marriage Act, bigamy is not mentioned but a person who is re-marrying without a divorce will be punished under Section 419 of the Indian Penal Code.
- However, as per Supreme Court , A Christians who seek to remarry do require civil divorce, hence after getting the divorce from the Church , you can remarry. ..
- Further, the Supreme Court has clarified that a second marriage is valid even if divorce proceedings of the first marriage are pending in court, provided that both parties from the first marriage have amicably parted and have decided not to contest the decision.
If your divorce case is still in court, you cannot get married. According to Christian law, it is unlawful to marry someone without divorce.