• Can i remarry when ia/ea pending/cmp pending/crp pending/cma pending

I filed for divorce as my spouse left me as not interested in living with me. After 2 notices were sent she came for hearing followed by the counseling and mediation and everything failed as she was stating she wanted to live all of a sudden and putting blame on me that I'm not ready to accept. She was asked to file Counter which she missed all 3 times and it was gone to "Ex-Parte", I think the court then sent notice to her and all of a sudden she appeared and asking for maintenance for running the case and wanted money until the case is over. My question is, since ex-parte is given and she filed counter and court is yet to listen the counter - can I remarry before the next hearing to make my marriage valid? She doesn't want to give divorce and wanted money from me always. What can I do?
Asked 10 months ago in Family Law
Religion: Hindu

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12 Answers

You cannot remarry during subsistence of earlier marriage 

 

if you remarry wife will file case of bigamy against you under section 494 of IPC 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

No, you cannot remarry till case is pending and does not attend finality. Case is still subjudice. Your marriage under given circumstances would be illegal and would also invite several legal complications. 

Siddharth Srivastava
Advocate, Delhi
1270 Answers

5.0 on 5.0

Yes, since case has not attained finality hence you cannot remarry. Unless and until marriage is not dissolved by decree of divorce, and case donot attain its finality, you cannot remarry. 

Siddharth Srivastava
Advocate, Delhi
1270 Answers

5.0 on 5.0

You cannot remarry during subsistence of earlier marriage 

 

you are not divorced 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

You can only Marry after a divorce decree and appeal period over to challenge the same. If there is a stay for your decree then you can remarry

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

1. You can not remarry while being in marriage with your wife and before availing the decree of divorce from the Court of law.

 

2. If you remarry now without getting the decree of divorce you shall be charged u/s494 of IPC with the offence of bigamy punishable with a 7 years jail term with or without fine.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. It is not whether she is giving you the divorce or not.

 

2. She is no body to give you divorce and it is natural that she will contest your application.

 

3. If Court has ordered ex-pate hearing, the matter will be so heard after disposing of the maintenance application filed by her.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

 

Dear Client,

Laws Vary by Jurisdiction: Laws regarding remarriage during a pending divorce or legal separation case restricts on remarriage until the divorce is finalized.

 

Effect of Ex-Parte Order: An ex-parte order means that the court has ruled in favor of one party because the other party did not appear or respond. If the case is currently in an ex-parte status, it might impact certain decisions and proceedings in your case, including potential remarriage

Waiting Period: There is a waiting period after the divorce or separation case is finalized before either party can remarry. During this waiting period, the court ensures that both parties have adhered to the terms of the judgment and resolved any outstanding issues.

 

Pending Counterclaim: If your spouse has filed a counterclaim and the court is yet to hear it, the legal proceedings are still ongoing. Remarrying during this period might have legal implications.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

If the court has set her exparte, whether the exparte evidence has been submitted before court?

Whether she filed a petition to set aside the exparte within the time limit?

Whatever since she has already approached court with a petition to set aside the exparte order/judgment you cannot contract another marriage and any act done so may be considered as an act of bigamy if she files a petition under section 494 IPC before the concerned judicial magistrate court.

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

She is not the person to give divorce, it is the court which has to pass the decree and judgment granting divorce, she has filed the IAs/EAs or CRP, then she is very well within the case, hence it is can be said that your marriage has not been dissolved by a decree of divorce, therefore your proposal to remarriage may be considered as an act of bigamy.

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

- If the court has not passed the ex-parte decree of divorce , then there is relation of husband and wife is in existence , and hence you cannot re-marry legally. 

- Further, even if divorce decree has passed , then the limitation to appeal is 90 days , and since she has already appeared before the court , then the relation of husband & wife not terminated. 

- Hence, as per Bigamy Law , you cannot re-marry int the existence of first marriage. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

if you got ex-parte divorce and three months passed you can remarry

 

Harsh Kumar Sachdeva
Advocate, Delhi
44 Answers
3 Consultations

4.3 on 5.0

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