You are not allowed to remarry or have a second marriage while the first marriage is still continuing to be valid. This means that you cannot have second marriage while your divorce petition is still pending. But, there is no legal prohibition on a profile being put on a matrimonial website while the divorce petition is still pending; however, you should take care that you correctly and transparently mention in your profile about you being a married person and about your divorce petition pending in court; do not conceal any material information and do not give any false information.
Also note the legal provision in Section 15 of the Hindu Marriage Act, which is as under:
“15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal the time for appealing has expired without an appeal having been presented or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.”
So, this means that even after getting divorce, for your second marriage you may have to wait for the appeal against divorce to be decided (if any such appeal is filed) or for the time for appealing against the divorce to get expired without an appeal having been presented during that appeal period.
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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