You cannot remarry during subsistence of earlier marriage 

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

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. 

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. 

You cannot remarry during subsistence of earlier marriage 

you are not divorced 

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

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.

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.

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.

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.

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.

- 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. 

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