Can I marry a woman with pending divorce case?

I want to marry a woman who currently has a divorce case pending in court. After the divorce is finalized, how can I file an affidavit in court to proceed with a legal marriage?

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Advocate By LEAD INDIA Answered: 03 Jul 2025

You can marry her only after her divorce is legally finalized by the court. Once she gets the official divorce decree, both of you need to submit affidavits declaring your marital status, along with ID and address proofs, to the marriage registrar. After a 30-day notice period, you can legally register your marriage. For further legal assistance contact us on our helpline number. 

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