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Does it mean one can file for divorce (a) with the court decision pending, can remarry? (b) Even if the spouse pleas against divorce, we can marry again?

Asked on 27-08-2018 by SK CHIRALA

Answered by NewsBytes

Yes, the Supreme Court clarified that a person's second marriage will be considered valid even if a plea against a divorce is pending. The Supreme Court observed that the post-divorce "incapacity to marriage" under the Hindu Marriage Act did not translate to treating a former marriage as subsisting, and therefore a marriage contracted during this period would not be treated as void.

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