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Can hindu marry second time without legal divorce from first marriage


03-Jul-2023 (In Family Law)
Matrimonial issue, Religion Hindu Can a person marry for the 2nd time while he/she is not legally divorced from the 1st marriage? The couple are seperated though.
Answers (5)

Answer #1
663 votes
Dear Client,
As per the prevailing law, a Hindu can not remarry, with getting divorce from the Court.
The consequences are he can be booked for bigamy.
The second partner will not get share in the properties of her husband, after his death.
If the person is having a govt. Job there is every chance of loosing it.
So be careful, get a divorce from Court. An Advocate who is practising in the Family Court of your area can certainly help you.
Answer #2
856 votes
Remarriage without divorce renders the second marriage as bigamous which is an offence not only under the Indian law.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 wife lodges complaint against you in this regard.second marriage during subsistence of earlier marriage is null and void . Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC.
Answer #3
543 votes
Hai,

The Answer is NO> the practise is not legally bound even though things like living together and other concepts exists in our society. Its not that hard to get a divorce on these days, as law permits divorce to a larger extent. Bear in mind if mentally and physically parted each other, there is no meaning in legally binding as one in the name of MARRIAGE. yet subsequent marriage and living together can lead to bigamy and such other complications. Get divorced before gets too complicated

Hope am upto your query
Answer #4
916 votes
Hai, Good day wishes-Ans: First marriage is still subsisting, not legally divorced, second marriage is illegal. Bigamy is prohibited in Hindu's. When the husband can file complaint against second marriage of wife, The case registered against thesecondhusband .
Answer #5
600 votes
There is no doubt in the matter that a Hindu cannot remarry during the life time of his/her spouse; without the former marriage been divorced or nullified through due process of law. It is a criminal offence rather also rather than that.

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.

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