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(Guest)

Engagement while divorce case is pending

Is it okay to get engaged while divorce case is still pending?



Learning

 35 Replies

Laxmi Kant Joshi (Advocate )     15 January 2014

No , it's not o.k , get first divorce only then go for an engagement .

(Guest)

If the happenigs of Engagement is proved by the other side in the court it could be solid evidence to take the matter in their favour.

Sudhir Kumar, Advocate (Advocate)     15 January 2014

marriage before divorce is illegal and not engagement.


(Guest)

Dear Mr.Sudhir ji do not mistake me.The Engagement before Divorce could very well prove that ultimate intention of Divorce is to get married to some one else.And a competent Advocate could take it to the extent ot the newly engaged  is having an illegal affair.

1 Like

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..


(Guest)

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 .


(Guest)

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.


(Guest)

Also I do not think Any Advance Booking Or  Reservations Or waiting list options are entertained  for second marriages while waiting for Divorce.

great india (manager)     16 January 2014

technically agree with adv t klasevain

(Guest)

IF SOME ONE WOULD APPROACH ME WITH SOLID EVIDENCE OF ENGAGEMENT DURING DIVORCE CASE PENDING I WOULD TREAT IT AS EXTRAMARITAL AFFAIR, ADULTERY,ILLEGAL AND ILLICIT RELATIONSHIP AND SEE THAT THEY REAP THE CONSEQUENCES.


(Guest)

How could be the Engagement with somebody else's wife or husband  be treated as LEGAL


(Guest)

If wife has filed divorce petition and husband is respondent waiting for judgement for over 3 years then why law would stop him from getting engaged? Also engagement is not registered. How someone can prove adultery on the basis of engagement.


(Guest)

Unless and until Divorce is obtained both the parties remain as husband and wife only.Basing on the engagement proofs the husband could be sued for Extramarital affairs including Adultery if the other side wishes to do so.Engagement during Divorce pending is illegal only.


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