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Girish (employee)     30 August 2012

Remarriage before final divorce

Dear Sir,

I got married in Dec 2009, I have filed for restitution for congunal rights but my wife went anf filed for Divorce in the month of April 2011. During the hearing as the judge asked I have accepted to give dovorce. but she is demanding more money as final maintanance. I am already paying the intrim maintanance. due to which the final case is still going on. but court also understands there is no possibility of reunion. The filal case is getting delayed due the high maintanance amount demanded my her.

In this situation can I get remarriage before the final divorce decree is passed ? what is the charge if I got remarriage and the my ex wife knows ? can she file a new case of begamy on me ? (but she is already filed for divorce and which is more than 18 months). Legaly if I need to get married before the final order is passed what is the procedure ? how do we fight this situation ?

Please advice.

Girishnair



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 August 2012

Legally you cannot get married before the finalisation of your divorce, if you do - it is BIGAMY - attracting the maximum punishment of 7 years

Adv Archana Deshmukh (Practicing Advocate)     30 August 2012

Originally posted by : Girish

 Legaly if I need to get married before the final order is passed what is the procedure ? how do we fight this situation ?

Please advice.

Girishnair

 

There is no legal procedure to get married before the final order is passed in a divorce case....... When your wife herself wants divorce and have filed a divorce case then, why resort to such illegal ways and attract the offence of bigamy and create more troubles for yourself and your family? Settle the maintainance issue by proper negotiations, get the divorce decree and remarry legally.

Biswajit Kumar Patra (Advocate)     30 August 2012

 

Dear Girish,

Unfortunately there is no legal procedure which allows a person to get remarried without obtaining a decree of divorce in the first marriage or else it would amount to a crime U/s 494 IPC. However you should try and expedite your divorce proceeding.

rajiv_lodha (zz)     30 August 2012

Patience will pay in uur case. Frustrate her in long legal battle & she will come down to a plausible ammount. Best way is to get divorce decree n then remarry


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