Can I go for Second marriage while appeal against Divorce in HC?
I got married in 2008 and due to bad behavior of my wife I had lot of problems. We hardly had marital relationship. She did not show much interest either and she is very unpredictive in nature. We used to have quarrels in family regularly. In 2011 left my house and even after consultation from my family members she never bothered to return to my house. I applied for Divorce in The Family court on the grounds of mental cruelty in the year 2011. She was not bothered to attend the case regularly and dragged the case as much as possible. She demanded a huge amount for mutual consent and later kept on increasing the amount. The case lasted for nearly 4 years and finally The District Family court granted Divorce to ME on the grounds of mental cruelty on 02nd May 2015.
But on June 10th my ex-wife has appealed against the family court's judgement in the High court of Hyderabad. She filed an interim stay petition under CPC 151 to prevent Me from using the family court's order. Both appeal and Interim stay petition copies are properly served to me by post. The petitions were numbered before the due date of 90 days and admitted formally. I have been given 30 days time to respond to it and for submitting the counter for both the petitions by High court.
1) I have genuinely won the case in the court and got the Divorce in fair manner. There were No cases (like 498A, or Maintenance case) filed and pending Against me. The High court has not yet given me Any date of First Hearing, I am not sure how many days or months it will take.
CAN I GO FOR A SECOND MARRIAGE AFTER 90 DAYS i.e., 02nd AUG 2015 WHILE THE APPEAL AGAINST DIVORCE IS PENDING IN THE HIGH COURT? THE COURT HAS NOT MENTIONED ANYTHING LIKE ASKING ME FROM NOT MARRYING TILL THE CASE IS OVER OR TILL NEXT DATE?
2) I have already wasted 7 years (2008 to 2015) of my precious life in this relationship, lost career and I am the care taker of my parents. I want to settle in life as early as possible now atleast. I will turn 40 years of age next month. CAN I GO FOR A SECOND MARRIAGE; WILL IT BE SUED UNDER BIGAMY?
FYI: She demanded a huge amount for mutual consent of Divorce and later kept on increasing the amount which was beyond my capacity. Even now she has the same intention to take money from me for which she went to High court for Appeal against Divorce. We do not have any child from this relationship.
AND my last doubt:
3) IF MARRIAGE IS NOT POSSIBLE TILL THIS CASE CLOSES IN HIGH COURT, CAN I HAVE A LIVE-IN-RELATIONSHIP WITH SOMEBODY WHO IS WILLING AND WILL THIS ALSO ATTRACT ANY COURT PROBLEMS.
I kindly request you to give me CLEAR ANSWERS as my family is dependent on my decision makings.
I sincerely appreciate your valuable time.
THANK YOU AND BEST REGARDS,