Can husband remarry if divorce not yet legally granted?

My sister's divorce case is ongoing in Alipurduar court. Today, the judge ruled that her husband can remarry but is not yet divorced. Is such a ruling legally possible?

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Advocate By LEAD INDIA Answered: 13 May 2025

A person cannot legally remarry without first obtaining a divorce decree. If the judge allowed remarriage without finalizing divorce, it may be a misinterpretation. Your sister can challenge this order in a higher court. Bigamy is a punishable offence under Indian law, so remarriage before divorce is not valid. For further legal assistance contact us on our helpline number.
 

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