- 21-Dec-2024
- Family Law Guides
In India, the law prohibits remarrying while a divorce is still pending, regardless of whether the marriage takes place within India or abroad. Remarrying during the pendency of divorce proceedings can lead to serious legal consequences, including charges of bigamy.
Bigamy is the act of marrying someone while being legally married to another person. Under Indian law, bigamy is a criminal offense under Section 494 and 495 of the Indian Penal Code (IPC). These sections make it an offense to marry again while the first marriage is subsisting unless the spouse has been legally divorced.
Even if a divorce is pending and not yet finalized, the first marriage is still considered legally valid until the divorce is granted. Therefore, remarrying during this period can be treated as bigamy, which is punishable by law with imprisonment or fine.
Under the Special Marriage Act, 1954, a marriage is only legally dissolved once the court has passed a decree of divorce. If you attempt to remarry before the divorce is finalized, the remarriage will be considered void, as the earlier marriage has not been legally dissolved.
Similarly, if a person married under the Special Marriage Act attempts to remarry abroad while divorce proceedings are pending, it would be illegal under Indian law, and the second marriage would not be recognized in India. Additionally, foreign marriages conducted during the pendency of divorce could be challenged in Indian courts.
Marriage Abroad: While foreign countries may not always recognize the pending divorce status from Indian courts, the Indian legal system still applies to Indian citizens. Therefore, even if you marry abroad during pending divorce proceedings, the second marriage may not be legally recognized in India.
Void Marriage: In many jurisdictions, the marriage could be considered void in India if the person was already married under Indian law and their first marriage has not been legally dissolved. Some countries may recognize the marriage, but it will be void and legally invalid when the person returns to India or if any legal issues arise.
Contempt of Court: Remarrying during the pendency of divorce proceedings could lead to the contempt of court if the court finds that the party intentionally violated legal processes. This may affect the final outcome of the divorce, and the spouse attempting remarriage could face legal repercussions.
Legal Complications: In some cases, if the divorce is contested or delayed, remarrying might complicate matters. The spouse who remarried could face issues related to property division, alimony, or maintenance payments, as remarriage can impact the financial responsibilities during and after divorce.
In many divorce proceedings, the court may delay the divorce if it finds that one of the parties has remarried without waiting for the legal dissolution of the first marriage. The court is likely to treat this as an attempt to subvert the judicial process, leading to a possible postponement or further legal actions.
Consider a scenario where a husband files for divorce in India, and while the case is still pending, he decides to marry another woman in a foreign country. Although the foreign marriage is recognized in that country, under Indian law, this second marriage is illegal. If the first wife learns of the remarriage, she can file a legal case for bigamy, and the husband could face criminal charges under Indian law. Additionally, the second marriage may be considered void in India, and the husband may face issues in property division or inheritance rights from his first marriage.
If the divorce is finalized, and a decree of divorce has been issued by the court, remarrying, even abroad, is legal. However, until the divorce is legally finalized, any remarriage will be considered illegal.
In some cases, couples may opt for judicial separation before finalizing divorce. While judicial separation does not legally dissolve the marriage, it allows the parties to live separately. However, remarriage during this period is still illegal under Indian law.
While a marriage conducted abroad may be legally valid in the country where it takes place, Indian courts may not recognize it if the individual was still legally married under Indian law at the time of the second marriage. Thus, even if remarriage is legally valid in a foreign country, the spouse may face challenges if they later return to India.
Remarrying abroad while your divorce is pending in India is not legally permissible. According to Indian law, the first marriage remains valid until the divorce is officially granted. Remarrying before that time can lead to serious legal consequences, including charges of bigamy. Furthermore, foreign marriages conducted during the divorce proceedings will likely not be recognized under Indian law, and the remarriage can create legal complications in the divorce settlement, property division, or future claims. It is always advisable to wait for the finalization of the divorce before remarrying, whether within India or abroad.
Answer By Law4u Team
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