Marriage when divorce case is pending
Ritika Ahuja
(Querist) 02 September 2024
This query is : Resolved
Husband filed for divorce in 2012. The wife was a joint partner in the family business. During the divorce proceedings, the wife came to know that partnership was dissolved, and her name was removed. She filed another case on the husband, brother in law (husband's brother) and father in law who were the joint partners in the firm. Both cases are still pending court's verdict. Can the husband in such cases either (i) re-marry or (ii) enter into a relationship and would that relationship be considered legal in the eyes of law.
In the meantime, the father in law passed away in 2022. Wife's petition to add all legal heirs to the case (i.e. husband's two sisters) was accepted by the court. The brother in law has inherited all the property as well as business asssets and cash of the father. What is not known to the sisters is whether there is a will or not by the father. It is known that the father-in-law transferred all property as well as assets to his son (i.e. the brother-in-law) when he was alive. However, it is not known whether transfer was done via a gift deed. In such a case (i) are the sisters' responsible as legal heirs to repay any debts of their father in relation to the partnership.
T. Kalaiselvan, Advocate
(Expert) 02 September 2024
The legal heirs, if inheriting the property/assets of the deceased borrower then they are liable to repay the debts also of the deceased borrower to the extent of the inheritance.
Since the case is going on in a court of law, yo may clarify further details from the lawyer conducting the case because with the minimal information available in your question, no further opinion can be rendered.
T. Kalaiselvan, Advocate
(Expert) 02 September 2024
The husband cannot remarry during the pend-ency of the divorce case, it can be considered as an act of bigamy and he can be punished if found guilty of this offence.
However there is no restriction on him to be in live in relationship with another female even during the pend-ency of the divorce case.
kavksatyanarayana
(Expert) 02 September 2024
The legal heirs are bound not only to divide the properties of the father but also to divide the loans if any are pending. When the divorce case is pending, either party cannot marry again.
Advocate Bhartesh goyal
(Expert) 03 September 2024
Either spouse can't marry unless divorce is granted. Legal heirs are bound to repay the debts and loan of their father ,if any.
