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kumar (private employee)     28 May 2009

Mutual Consent after marriage

HI

this is kumar

can i get marry once i signed on mutual consent ..or i have to wait till iget divorce....if i get marry after mutual consent and before divorce...is any legal obstcle

 



 5 Replies

SANJAY DIXIT (Advocate)     28 May 2009

You can not re-marry before a decree of divorce by a competant court of law.

Signing on deed for mutual consent itself doesn't give you a right to re-marry. It will attract the crime of bigamy under Indian Penal Code.

Srinivas Patnaik (Advocate Orissa High Court)     28 May 2009

No you cannot marry unless the marriage is disolved by a decree of a competent court .

Guest (Guest)     28 May 2009

Cannot marry.  As per Section 15 read with Section 28 of Hindu Marriage Act, remarriage can be done only after 30 days of the passing of decree of divorce and there no appeal has been made against the decree.  If appeal has been made, one cannot marry till the appeal is dismissed.

In mutual consent case, whether the above sections would be applicable or not is a debatable question.

Rakesh chauhan (Student )     28 May 2009

You can not marry without the divorce.According to section  of Hindu marriege Act

Khaleel Ahmed Mohammed (Advocate )     01 June 2009

Bigamy is not allowed for Hindu citizens.Bigamy is punishable U/S494 of IPC.You cannot marry another woman till you get divorce from competent court.


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