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Not valid

(Querist) 19 June 2012 This query is : Resolved 
good eveing sir

sir i heard that when Suit proceedings are in pending against a person,with regard to marriage, such person can not marry untill such proceedings are completed.
Is it correct sir?

Sir if he marries,when Suit proceedings are in pending, then that marriage is invalid in the eye of the law?
if yes,please provdie HC/SC citation with regard to invalid of marriage when a person marries when suit proceedings are in pending.
Devajyoti Barman (Expert) 19 June 2012
Yes is the answer for both of your queries.
This is the law and no citation is needed to support the provision of law.
Read provisions of a valid marriage from HMA carefully to understand this.
R.K Nanda (Expert) 19 June 2012
1.Yes.

2.Yes.

3.You can be prosecuted for the offence of bigamy .
Kiran Kumar (Expert) 19 June 2012
pls mention,how the marriage is under question?

only in matrimonial matters it is considered that there is an automatic stay but not in other proceedings.
Nadeem Qureshi (Expert) 20 June 2012
Dear Querist
it's depend on the person religion, if he is Hindu he can not re-marry until get a divorce from his first wife, but in Muslims, he can marry again, there is no difference that the case is pending in the court or not.
Feel free to call
K.K.Ganguly (Expert) 20 June 2012
If he is a Hindu and has married again before obtaining a decree of divorce then he will face the charge of bigamy and his second marriage will be treated as void in the eyes of law.
Shonee Kapoor (Expert) 20 June 2012
Yes, he can be prosecuted for bigamy. Not at all advosable to do so.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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