Husband having done second marriage despite stay on divorce decree by high court

[Anonymous]

My husband had filed a divorce petition in the family court which remained pending for 4 years. Recently, the court granted decree of divorce. I challenged it in the high court and the high court has granted stay against the decree of divorce. But, my husband has already done his second marriage about 10 days back even after stay order of the high court. What is the best remedy for this?

[Dr. Ashok Dhamija]

In the facts stated by you, there may be three legal consequences:

• Firstly, the second marriage of your husband may be invalid under law.
• Secondly, it may amount to contempt of court, if he wilfully disobeyed the court orders.
• Thirdly, it may be an offence under Section 494 of the IPC (Marrying again during lifetime of husband or wife).

 

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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