• Engagement while going through divorce proceedings

Hello. I am currently going through marital dispute with my wife. The whole package of 498, 325, domestic violence etc has been filed by my wife against me and my parents.

My question is that while all these cases are going on, can I get engaged with another woman. Is this legal? Please advise.
Asked 6 months ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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15 Answers

Yes marrying another person during the subsistence of previous marriage is a crime of bigamy and is punished under section 494 of IPC having imprisonment of a term which may extend to 7 years.

 

So, when your spouse get to know about your second marriage, she can file an FIR against you and you will be prosecuted accordingly for the said committed offence.

Vishek Vats
Advocate, Delhi
90 Answers

Getting engaged by a disputing spouse to a girl for remarriage during the process of divorce between the current spouses is not an illegal act.

It should be ensured that the marriage does not takes place during the pendency of the divorce proceedings. 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

You cannot remarry during pendency of divorce proceedings 

 

2) disclose to your fiancée that you have multiple cases pending against you including divorce proceedings 

 

3) don’t get engaged till you are divorced 

Ajay Sethi
Advocate, Mumbai
97228 Answers
7851 Consultations

1. You are still married with your wife and filing of divorce suit does not allow you to think that you are divorced or will be divorced.

 

2. Hence, your getting engaged with another person will be considered as an  act of Cruelty on your part though there is no provision in our IPC to call it an offence/crime.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

It is not legal to get engaged to another woman before seeking a divorce from the first wife. You file for divorce and then after divorce get married to the second woman you want to get engaged to. 

Sanmathi S. Rao
Advocate, Bengaluru
46 Answers

Going through engagement will amount to agreeing for divorce  it is filed by wife. It is certainly is not a crime. But wife can withdraw divorce  case just  to create problem for you.

Ravi Shinde
Advocate, Hyderabad
4265 Answers
42 Consultations

Its not illegal . 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Since marrying another person during the subsistence of previous marriage is a crime but the law is silent regarding the engagement as engagement does not amounts to marriage. So, in my opinion you can go for engagement but the fact of doing engagement can be taken by the court as an intention of you to commit bigamy.

Vishek Vats
Advocate, Delhi
90 Answers

obtain in writing from her that she is aware of the pending cases against you 

 

2) that she is aware that you legally married and cannot marry her until legally divorced 

 

3) that she is getting engaged to you out of her own free will and that you cannot marry her till court dissolves your marriage 

Ajay Sethi
Advocate, Mumbai
97228 Answers
7851 Consultations

It is not illegal to have external marital affair. Law is  clear in this thing. 

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

It is advisable that you wait till the finalization of your divorce, because whether or not Courts will grant you divorce, is an uncertainty as of today.

 

Thus, incase you get engaged, but your divorce takes too long to happen, or is declined, then you will only get embroiled in another litigation by your engagement partner and this will increase your complication. 

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

Dear Client,

1. That is a good sign, so that the person you wish to get engaged with is informed of the legal cases that have been brought by your current wife. Clearing it up means that the person must know every detail concerning your legal issue for them to be fully aware of the consequences and factors surrounding your case.

2.  Pretending to be unmarried when in fact there is a legal marriage is legal in India, as engagement is considered to be a social but not legal affair. But it is important to note that the engagement itself, according to the law, is not prohibited, although certain repercussions could be expected in the course of the ongoing cases. Engagement can legally bind your actions; your current wife could claim that the engagement involved adultery or could use it to bolster her case against you and your family.

3.  As you remain legally married, sexual relations can bring up ethical and legal issues in an engagement. All the current cases, especially those that can attract charges such as 498A (cruelty), 325 (voluntarily causing grievous harm), and even those related to domestic violence, could be affected by your involvement. It may also attract unfavourable judgements from courts depending on their stance towards the engagement; hence, it may complicate the resolution of the current disputes.

4. It is not that it is wrong that, on this, you have received varying responses for and against the occurrence. However, the law does not ban the two from engaging in an affair while still married, hence the need to exercise a lot of caution. Working with a lawyer who is familiar with the details of your cases can make you wiser regarding legal matters best suited for your practice.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

1. Living together with another lady while being in marriage is considered as cruelty on the wife but it is no longer an offence since Adultery has been de-criminalised by the Apex Court.

 

2. On the same ground, getting engaged with another lady while in a marriage can not be considered a crime.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

This website comprises of plenty of expert lawyers and you cannot expect the same opinion from all the lawyers on controversial  subjects like this.

As per  law  getting engaged to another female during the pendency of the divorce case is not an illegal act.

If having an illicit affairs or extramarital relationship with anther female is not an offence then this engagement is also not an illegal act. 

Since you have got variety of answers, you can choose whichever suits you the best or confide in your own advocate's opinion on all such further issues. 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

- As per section 17 of Bigamy Act, any marriage between two Hindus is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.

- Hence, if you re-marry without divorce from first wife , then the said marriage with the second wife will  not valid and attract Bigamy as per law. 

- As per Supreme court  , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

- Hence, you can engage with another woman even when the cases are going on.

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

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