Is it okay to get engaged while divorce case is still pending?
Is it okay to get engaged while divorce case is still pending?
Laxmi Kant Joshi (Advocate ) 15 January 2014
Sudhir Kumar, Advocate (Advocate) 15 January 2014
marriage before divorce is illegal and not engagement.
Biswanath Roy (Advocate) 15 January 2014
IT'S A STUPID QUERY. IF ENGAGEMENT IS DONE BY THE APPLICANT HUSBAND BEFORE DIVORCE ORDER GRANTED BY THE COURT OF LAW IT WILL MANIFEST MALAFIDE INTENTION OF THE APPLICANT.HUSBAND AND THE COURT WILL NOT GIVE DIVORCE ORDER INSTEAD BY INVOKING INHERENT JURISDICTION MAY GIVE PUNISHMENT TO THE APPLICANT..
Mr.Max please understand that author Dhanesh had placed the query in a common manner and the law is applicable to both.Once I was in the court, in one case where the husband was Party in Person and raised a question with whom his wife had come to court and she replied with her fiancee he promptly made it recorded and later i came to know the orders were in husband's favour.
T. Kalaiselvan, Advocate (Advocate) 15 January 2014
Legally there is nothing wrong in a person getting engaged before getting divorced. Only a second marriage while there already a marriage subsists, is considered to be Null and void and bigamy etc. I respectfully disagree with learned advocate Mr. Biswanath Roy's opinion in this aspect. A court cannot go beyond its jurisdiction in this respect. Getting engaged to another person before getting divorce is not illegal or an offence that the court will invoke inherent jurisdiction and punish the applicant. After booking a seat for another martial voyage, the person shall wait for the previous such voyage to terminate and then get into the fresh one. Mr. Max has expressed his views and agony over the practical sufferings by affected persons, there is nothing wrong in his opinion. Mr. NJSR should know one thing that the court decided only on the case which was before it over the issue, but never pointed such act as illegal. The question by the querist here is, whether a person can get engaged before getting divorced, he is not seeking opinion about marrying before getting the decree of divorce which is getting delayed inordinately. In my opinion, there is nothing wrong or illegal in getting engaged before getting the subsisting marriage is dissolved by a decree of divorce and pending before the court .
I humbly wish to submit that when a person who continues to be Husband Or Wife of some one till the time of obtaining Divorce he is not entitied for Engagement or any thing.If such happening is proved or solid evidence of the same is given to a competent advocate the party of the same could be facing the suitable consequences.
great india (manager) 16 January 2014