Engagement while divorce case is pending

mere engagement does not amount to extra-marital relations. I can agree with Mr Narasimha that based on facts of the case the opposite party may be able to use the fact of engagement to the detriment of husband. But But But. engagement does not constitute an offence during divorce proceedings.

Engagement  ic nothing but a confirmation of marriage.  After Engagement the couple would be considered as husband and wife yet to have a marriage ceremony.

 Learned  Mr.. kalaiselvan misunderstood my opinion to some extent which ought to be ignored as he might be similar to my son's age and experienced accordingly. Now let us have a look to the query afresh.  The query of Mr. Dhanesh is " Is it O. K. to get engaged while Divorce case is still pending? " Here the queryst used a generic term " engaged "  which may mean " an agreement to marry , the period after which the couple has agreed to marry but before they do so Decree for Divorce is to be obtained from the COURT. "  Secondly,. it may mean a ": Betrothal" and thirdly it may mean consummation with an woman giving promise for marriage after obtaining Divorce order from the Court of Law. Be that whatever the querist  actually meant to say if the fact of such engagement discloses  before the Court it will obviously raise in the mind of the Judge that the complaint relating to divorce is a designed one for remarrying another girl and made out for malafide intention and it is an abuse of process of the court and in that event the Judge may dismiss the petition by invoking his inherent power  and thus he may push the matter to appeal court for adjudication and the litigants shall face  a lengthy proceeding. 

Respected experts,  Please note that in this case respondent is the one getting engaged not petitioner. If respondent tries to bring his wife back but wife is the one tries all ideas to get divorce then what respondent can do. He cannot be seating idle for years. 

Her cannot sit idle.  That does not mean he can marry.  Engagement in such situation though legally no hurdle but not advisable.

Writ of Mandamus is not applicable in this case.  Aggrieved husband may file an application before the Family Court for early disposal of the case because unnecessary prolonging the case is ruining his life without any cogent and lawful reason more particularly when the wife is admittedly reluctant to live with the husband any more to discharge her marital and conjugal obligations.  Save and except this no other measure will be fruitful.

Respected Mr.Biswanath Roy ji  age is not a factor for any thing.what is truth what is material fact for any thinng.If your grandson tells some thing out of way how could we accept it . can you please define me what is marriage and what is engagement.My self plead this reply from Mr.Kalaiselvan Mr.sudhir ji abd Mr.B.ROy

I differ.  In legal profession age is a factor in as much as it creates maturity of court experience and creates sharp acumen in legal jurisprudence  which I transmitted to some of my juniors who according to my Bar statement became efficient Chief Justices of different High Courts in India.. Marriage according to legal parlance is  " the legal union of a couple as husband and wife"  whereas, the term "Engagement " according to legal parlance is " a contract or agreement involving mutual promises " or  a " betrothal " but the engagement  as it speaks to the query under reference is nothing but a " marriage per verba de futuro subsequente de  copula " 

Respected Mr.B.Roy ji Thank you for the reply.You know me during replies  of other queries and i do have high respects and regards for you always.But the Engagement is not a Business Contract or Agreement where we could have SUBJECT TO ..Engagaement during Divorce pending clearly an evidence to prove the malafide intentions of the party and it has to be treated as illegal only.   

Respected Experts after seeing the suicide of Mr.Tharoor' 's so called wife today.As a lay man I would prefer to know what would be the fate of children if any to the party who is conducting the ceremony of Engagement during Divorce case pending

Whether the children would be guests or VIPs or Honorary invitees

Vide : GUARDIANS & WARDS ACT.

Respected sir while Divorce is pending who is the Guardien as a lay man let me understand

Engagement during divorce is a strong evidence of cruelty on the other party and he/she can very well take it's advantage in court. If divorce is going to be a mutual consent divorce then situation may be different.

Child's custody pending Divorce SUIT SHALL BE DETERMINED BY THE COURT OF LAW following Guardians And  Wards Act..