Am a married woman. can i marry again without divorse

297 votes

No, regardless of religion, you cannot marry another man while still being married to your husband. Doing so would be considered bigamy, which is a punishable offence under Section 494 of the Indian Penal Code, 1860 (IPC).

If you are already married and want to marry someone else, you need to first obtain a divorce from your current husband. The divorce can be obtained through mutual consent or on grounds such as cruelty, desertion, adultery, or mental disorder, among others, as per the provisions of the Indian Divorce Act, 1869, or the Special Marriage Act, 1954, depending on your religion and circumstances.

It is important to note that bigamy is a serious offence and can lead to imprisonment and other legal consequences. Therefore, it is advisable to follow the legal procedure for divorce and remarriage, rather than engaging in illegal activities.

LawRato LawRato

666 votes

No. You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. No matter even if the spouse agrees for that. If your partner is ready to file a joint petition for divorce, it will be got by 6 months time. Don't get married while you have a spouse living.

Advocate George Varghese LawRato

974 votes

Please understand love before marriage and love after the marriage are different when the couples meet the reality in life. But your son, divorce can be stressful, sad, and confusing.At any age, kids may feel uncertain or angry at the prospect of mom and dad splitting up. As a parent, you can make the process and its effects less painful for your children.As a parent, it’s normal to feel uncertain about how to give your children the right support through your divorce or separation. Breaking up is hard to do, and it may be especially hard for kids. Kids of divorce can feel they've been hit the hardest by the end of their parents' relationship.

If you want to marry another man then first you divorce your husband .Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your husband lodges complaint against you in this regard.

Advocate Ajay NS LawRato

754 votes

You can marry your boyfriend only after you get divorced from your husband. File a divorce petition before the family court where you reside.It would be much easier if you and your husband can file a joint petition. If he doesn't agree you can file the divorce petition on the ground of separation and the mental cruelty

Advocate Sindu R Kurup LawRato

196 votes

In India, the legal perspective on a married woman or man marrying another person without getting a divorce from their spouse is clear: it is not permissible and constitutes bigamy, which is a punishable offense. Here are some key points to consider:

1. Bigamy: Marrying another person while still being legally married to someone else is considered bigamy. Bigamy is prohibited under Indian law.
2. Divorce: Depending on the applicable act governing your marirage and divorce, a petition before a family court can be filed seeking a decree of divorce on grounds provided therein. Your specific case might fall under cruelty depending upon additional facts, which may be discussed with a lawyer. 
3. Religious Laws: Different religions have their own marriage and divorce laws. For example, in Islamic law, a Muslim man can have up to four wives simultaneously under specific conditions, while a Hindu marriage is considered monogamous under the Hindu Marriage Act.
4. Legal Consequences: Marrying another person without obtaining a legal divorce from the first spouse can lead to legal consequences, including imprisonment and fines.

In summary, a married woman or man cannot marry another person without obtaining a divorce from their current spouse in India. It is essential to follow the legal procedures and adhere to the personal laws and provisions governing marriage and divorce based on one's religion.

Advocate Chikirsha Mohanty LawRato

229 votes

Is it legal to marry without having a divorce? According to Section 494 in the Indian penal code a second marriage is prohibited and illegal.

Advocate Chikirsha Mohanty LawRato