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Subramaniam (NA)     12 May 2010

Geeting engaged while divorce is in progress

Dear Sir.

 My divorce in family court is granted and my wife has appealed in high court with a stay order , can i get engagged to a girl (ring exchage ) .. and wait to be marrie dtil divorce is over is it legal .



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 11 Replies

mahendrakumar (marketing)     12 May 2010

no you cannot as the case is still pending at HC and there is a stay.

Subramaniam (NA)     12 May 2010

but engagement is not legal according to law then whats the problem in getting engaged .

Legal Fighter (Advocate)     12 May 2010

yes, u can get engaged. has the HC given stay on order of family court?

Ashok Yadav (Lawyer)     12 May 2010

Yes you can engage, because its not a marriege and it does not gives any legal effect on your status, but if the HC goes against you then it will be big social problem for you. SO think twice before going ahead.

mahendrakumar (marketing)     12 May 2010

since hc has stayed the divorce grant of the lower court,is it not an offence engage for a marriage,when he is already married and not separated legally?

whatever the legality of the case,i advise you to postpone the engagement till the verdict of the HC.

 

 

Bobby Mani T (Lawyer)     12 May 2010

You can do it.  But if you marry before the final judgment has come.  You may be liable to be procecuted for bigamy.

N.K.Assumi (Advocate)     12 May 2010

Dont go for shotgun marriage. Refer the case of Lila Gupta vs Laxmi Narian and others as reported in AIR -1978-1351-SC.

Arup (UNEMPLOYED)     12 May 2010

 now you are in the middle way. there may be a divorce or may not be a divorce.

first you convience your love about the latest status of your matrimony and ask him what to do? if she and her party (parents & brothers/sister etc) agrees to leave with you then exchange the ring. BUT IN NO CASE, DO NOT GO ON A MARRIAGE, TILL THE DIVORCE YOU OBTAINED. PLEASE DO NOT KEEP HER IN DARK - THIS MAY CREATE A FUTURE  LEGAL PROBLEMS FOR YOU.

IF SHE IS READY THEN YOU MAY GO ON TO A LIVE IN RELATIONSHIP.

Subramaniam (NA)     12 May 2010

We both are conviced about getting married to each other its just a matter of time , the case verdict is given by family court  and a stay order is being given in court by my wife .

Arup (UNEMPLOYED)     12 May 2010

then ok.

but tell her about the situation of non divorce status. on that time you will not be able to marry her and you have to continue 'live in relationship till you obtain divorce or life long.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 June 2010

Dear Author,

If there is stay in HC then u can't do marriage


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