marriage pending divorce

Divorce is basically is a legal sepration of man and wife, effected by the judgement or decree of a court . If wife is awaiting divorce and marry again she will be guilty of breach of marriage contract.

Pls ref recent opinion of  the Apex court wife will also accountable if she commits adultry.

In your question without gettinf divorce if wife developing a relationship with other man it will be amount to adultry by wife part.

Sir, you have not mentioned the religion of the woman who is going to remmry. I suppose she is a Hindu and answer this. If she marries while the divorce is still pending, then it contravenes the section 5 of HMA. and so, the second marriage becomes viod.

but sir, even in IPC there it is an offence u?s. 495. but doesnt the earlier marriage have to be legally valid? or whether marrying in a temple and then living together as husband and wife entail the wife liable for punishment u/s. 494?

Sir,  for a marriage to be vaild, there has to be observance of rituals as prescribed under s.7 of HMA. But SC has many times condsidered marriage with the exchange of garlands can be a vaild marriage if there are photographs, witnesses etc. So, validity depends on circumstances of the case.

Suchitra can you explain what is the procedure for other religion woman?

if she does so , she won't be eligible for any maintenance / alimony from her husband...

Arvindan Sir, I think the postion is same for other religions too..  the second marriage will be void. When the second marriage is void, I think the husband can file a case of adultry against the other man.

Suchitra,

I dont understand why the adultery case should be filed by husband. Here the adultery is committed by Woman ( wife) and she should be punishable. I think bigamy also applies to woman and she is also punishable under law if she marries again while the divorce case is still pending.

 Kiran Sir, I replied Doveson's query regarding filing a case of adultry by the husband. I do not know how exactly courts deal with bigamy acts by woman. I havnt seen any provision dealing with bigamous act of wives.

Suchitra is right

its prohibited for both U/s. 495 of IPC

Hi Doveson,

So you mean 2 say that if either Husband OR Wife marries again when the first marriage divorce case is still pending, then who ever marries again, they are liable to be prosecuted under bigamy act?

Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

So, Kiran ji, S.494 relates to marrying during the lifetime of spouse and S.495 relates to concealment of earlier marriage from person with subsequent marriage is contracted.

the factual position is that a woman cannot marry again as long as her earlier  marriage is not dissolved by a court of competent jurisdiction and the period of appeal which is 30 days has not expired. if any person violates the same, they would be dealt as per section 494 and 495. suchitra here is really wise in saying that since the second marriage so contracted is void under the law, the subsequent huspand would be liable for adultery. in that case, to save himself, he would have to plead that he was not aware of the earlier marriage  which would however further aggravete the law against the lady.