As per the context of law 377 is a serious offense, it is only able to prove or disprove only by a trial, so only high court dismissed your petition. The case pending before the court is a criminal case, there is no ban to proceed with either customery divorce or through court. As per muhammadan law wife could have filed a petition before district Court under section 2 of the dissolution of Muslim marriage act or divorce through personal Sharia law has to be under the scrutiny of Quazi,. If divorce is granted by as above, she can remary again even at the time of criminal case pending. But the divorce through muhammadan custom permission of husband is required