639+ Lawyers are online 
Husband did second marriage before taking divorce from the first wife
18-May-2023 (In Divorce Law)
My relative husband married to a girl (second marriage) with out divorce . He has carried out the second marriage in Arya sanmaj Calicut on 11/06/2006. We do not have the marriage certificate from the arya samaj but from the enquiry it is true that he has second marriage and since then he is living with the second wife. He has gone to court for divorce from the first wife and the matter is pending. (1)How to proceed with this case. ? (2) How to get the marriage certificate from Arya samaj?. (RTI will help ?)
Hindu Marriage Act 1955 prohibits a second marriage as long as your first marriage is valid under law.
Section 17 of the Hindu Marriage Act states that any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860 ) Code shall apply accordingly.
This would mean that in case your husband remarry in India without divorcing his first wife, the second marriage would be declared null and void, and he may be tried and punished for Bigamy in accordance to the applicable section of the IPC.
Section 17 of the Hindu Marriage Act states that any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860 ) Code shall apply accordingly.
This would mean that in case your husband remarry in India without divorcing his first wife, the second marriage would be declared null and void, and he may be tried and punished for Bigamy in accordance to the applicable section of the IPC.
Helpful?
89+
89+
Adv. Sudershani Ray
Delhi | 200+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
