A
female
age
30-35,
anonymous
writes:hi,my friend is planned to marry a guy which is second marriage to him. That guys wife applied for divorce 5 years back.....But still the case is in process.So my doubt is whether my friend can marry him or she has to wait until his guy gets divorce from his wife.Or if she marry him before he gets divorce, what is the problems that she could face in future.........?Answers from lawer/advocate is appreciable......If Husband/Wife both apply mutually how many years will it take to get a divorce?
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female
reader, anonymous, writes (16 May 2013): I'm the one who posted the question. he also have one child who is growing with her mom. also the case was filed by his wife......
A
female
reader, CindyCares  +, writes (16 May 2013):
 No she can't . Under Hindu Marriage Act, 1955, section 17 they would be committing bigamy ,which is punished by the Indian Penal Code ( sec. 494 and 495 ).
Ditto if they marry only civilly under Special Marriage Act, 1954 ( sec. 44 )
Bigamy is punishable with up to 7 years in jail...
tell your friend to wait until the man is legally single again.
As for how long it takes in India to get a divorce following to a consensual separation , honestly I have no idea . GENERALLY, yes in most countries it's faster if both parties consent and apply, and maybe if they had filed for a consensual separation ( where both parties want to end the marriage ) as opposed to a judicial one ( where one spouse files for divorce imputing the other all the fault for the end of the marriage ) things would have gone somewhat faster; but, isn't it a bit late to worry about that, now ?
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