top of page
Writer's pictureLead India
Apr 15, 20233 min read

Can We Process For Court Marriage While Her Divorce Is Pending

Marriage is an important life decision; some feel that marrying the right person will make your life fantastic, while others believe that marrying the wrong person will make your life a living nightmare. According to cultural standards, marriage between two individuals lasts seven lives, and it is unacceptable to marry twice.


Divorce was disapproved of in Hindu society. Even if a married couple is unhappy in their marriage or finds coexistence difficult, society prohibits divorce. Therefore, they must keep living together.


Given the number of distinct religions in India, various personal laws exist, and some of them even include marriage laws. While numerous marriages are allowed in some religions, governments only allow single marriages.


Laws Regarding Court Marriage While Her Divorce Is Pending

A court marriage while the divorce is pending is either prohibited by law or illegal under particular statutes in India. Second marriage clauses can be found in the following laws-

  • Hindu Marriage Act

According to the Hindu Marriage Act of 1957, no one can marry for a second time without getting divorced. Section 5 of the Hindu Marriage Act discusses the requirements required to accept marriage as valid. The spouses must not have been living at the time of their marriage, or the first marriage has to have been divorced at the time of the second marriage, so the second marriage is not considered illegal under Section 11 of The Hindu Marriage Act.

  • Special Marriage Act

Under the virtue of Section 44 of the Special Marriage Act, bigamy is a criminal violation under sections 494 and 495 of the Indian Penal Code.

  • Indian Penal Code

According to Section 494 of the Indian Criminal Code, bigamy is committed when an individual marries while his or her spouse is still living. The couple may also reveal suspicions of infidelity, according to Section 415 of the Indian Penal Code.

  • Indian Evidence Act

Section 114 of the Indian Evidence Act specifies the presumption clause in the context of human actions. Also, personal laws cover second marriages and their legal status.

  • Muslim Law

Bigamy is not explicitly mentioned in Muslim law, but the Quran states that a man may marry four times in his lifetime or have four wives, but only if he treats every wife with respect, love, and equality; otherwise, he is restricted to having one wife.

  • Christian Marriage Act

Although bigamy is not directly addressed in this Act, the marriage registration form is only accessible to singles or widows/widowers. It is claimed that in order to seek a marriage license, the individual getting married should have their partner around at the wedding ceremony or face prosecution under Section 419 of IPC.

  • Parsi Marriage and Divorce Act

Bigamy is illegal under the virtue of Section 5 of the Parsi Marriage and Divorce Act which is punishable by imprisonment or dissolution under Section 494 of the Indian Penal Code.


When is a Marriage Considered Legal when Divorce is pending?

  • Although second marriage is not allowed in India, there are several exceptions:

  • If a competent court finds the person's previous marriage is illegal.

  • If the person getting married for the second time has a lost spouse who has been gone for seven years, yet nobody has seen from them, the other party should be informed.

  • If there is no proof that the second marriage breaches any of the requirements and qualifications.

Legal Rights of Wife after Second Marriage

Because a second marriage is considered invalid under various legislations throughout a first wedding, the second wife has no rights under the law. However, she is still eligible for certain remedies. If a man marries another woman while his first marriage is still active without informing her of the previous marriage, the second wife may charge him with infidelity.


You will need a lawyer to assist you with finalizing the pending divorce case as soon as possible. If you want to have a court marriage and your divorce is pending in the court in Gurgaon, then divorce lawyer in gurgaon can be hired, and if you want to have a court marriage and your divorce is pending in the court in Pune, then contested divorce in india can be hired.

Similarly, divorce lawyers in delhi can be employed if you want to have a court marriage and your divorce is pending in the court in Delhi.

At Lead India, you can consult and talk to lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.



Call Us: +91–8800788535

4 views0 comments

Recent Posts

See All

Comments

bottom of page