No, your spouse cannot legally remarry before your divorce is finalised in Agra, and doing so would expose them to serious criminal liability, because under Section 15 of the Hindu Marriage Act, 1955, either party to a divorce is barred from remarrying until the period for filing an appeal against the decree, ordinarily ninety days, has expired without an appeal being filed, or until any appeal that has been filed is finally disposed of.

If your spouse attempts to remarry before the divorce is legally finalised in Agra, meaning either before the decree is even passed or before the statutory appeal window under Section 15 has lapsed, the second marriage would be void from its inception, and your spouse would additionally be liable for the offence of bigamy under Section 82 of the Bharatiya Nyaya Sanhita, 2023, corresponding to the earlier Section 494 IPC, carrying imprisonment of up to seven years along with a fine. Courts have consistently held, including in the well-known Sarla Mudgal line of authority, that even converting to another religion does not legalise a second marriage contracted while the first subsists.

If you suspect your spouse is planning to remarry prematurely, or already has, moving swiftly to gather evidence such as invitation cards, photographs, witness statements or registration documents is critical, since bigamy prosecutions depend heavily on proving both marriages were validly solemnised. Reaching out via Aapka Legal Advice at the first sign of such conduct allows us to help you file a criminal complaint alongside protecting your civil rights in the pending divorce case, and where the facts are delicate, our panel of retired High Court judges can offer a discreet opinion on the strength of your evidence. For representation before both the Family Court and the criminal forum in Agra, the Top Divorce Lawyers in Agra directory can connect you with the right advocate.

Beyond the criminal angle, a premature remarriage can also affect ongoing maintenance and custody proceedings, since courts view such conduct unfavourably when assessing a party's overall credibility and conduct during pending litigation, and it may itself become an additional ground for aggravated relief in your favour.

To be absolutely clear, your spouse simply cannot remarry before your divorce is finalised in Agra without inviting bigamy charges, and if you have credible reason to believe this is being planned or has already happened, prompt legal action protects both your matrimonial rights and any future claims for maintenance or property.