• Remarriage

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
Asked 3 years ago in Family Law
Religion: Christian

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11 Answers

You cannot remarry during subsistence of earlier marriage 

 

it would amount to bigamy and you can be prosecuted under section 494 of IPC 

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

Hello, 

  1. You cannot marry again while you are still married. Your second marriage will have repurcussions on your perition for Divorce and can land you in difficulties.You need to wait for the divorce to be decreed.
  2. You may live on with your partner if the place where you live has legal sanctions for the same.
  3. You can approach the court for access rights regarding the children. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

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

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Till divorce is granted you can't do legal second marriage

Prashant Nayak
Advocate, Mumbai
34562 Answers
249 Consultations

- 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.

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Dear client,  I am sorry to hear that but if your divorce is not served you cannot remarry. 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

If your divorce case is still in court, you cannot get married. According to Christian law, it is unlawful to marry someone without divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19334 Answers
32 Consultations

Unless you are divorced, you cannot marry again. Please pursue the divorce proceedings first.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

The second marriage cannot be performed unless you are divorced. If you marry before the divorce then she may file a case of bigamy against you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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