A friend of mine who had filed for mutual divorce with her husband , has got tthe divorce order recently. The story is , on 12th march Judge has ordered for divorce and accepted the legal seperation of my friend and her husband. Jugde signed the order and the respective lawyers accepted it by signing.
Lawyers said that now either of you won't have to come to court again, you both are legally seperated. The lawyers said that they will apply for the decree of divorce.
But than 2 days later , my friend got married with her lover at arya samaj mandir, and got the certificate aswell. Her lover knows that my friend is a divorcee and knows everything. They have also submitted documents for legal registeration of marriage.
At arya samaj mandir my friend did not mention that she is a divorcee , she wrote that she is unmarried. She did this because her partner already knows the truth and has given his consent to do this all, her partner didn't wanted her to disclose about her 1st marriage. She has not cheated her present husband by any means.
They have got their legal marriage certificate aswell. I mean they did registry marriage also, with the arya samaj photo's and documents .
The only thing is the decree is still pending. So now my question is :-
1) Is this marriage legal or valid ?? Marriage hasbeen solemised after the order of divorce not before that. on 12th march order of divorce and marriage happened on 14th march.
2) Can the 1st husband challenge this marriage ?? ( All the formalities are done, order hasbeen passed and the second marriage happened, only the decree of divorce is still pending )
Please kindly guide me with your answers so that i can clear my friend's doubts.
Thankyou
