Remarriage Before Divorce Is Possible

880 votes

Under Indian law, no person can contract a second marriage while the first marriage is still legally subsisting; doing so constitutes the offence of bigamy. For Hindus, the Hindu Marriage Act, 1955 explicitly prohibits a marriage during the lifetime of a spouse, and any such subsequent marriage is void under the Act. For Christians, the Indian Christian Marriage Act, 1872 carries the same restriction, while for Parsis, the Parsi Marriage and Divorce Act, 1936 prohibits remarriage before dissolution. Under Muslim personal law, although polygamy is permitted for Muslim men (up to four wives), it is not an unrestricted right. it is subject to conditions of equal treatment, financial capacity, and personal law restrictions, and in certain states governed by special statutes even Muslim men can face penal consequences for bigamy. In summary, under the prevailing statutory framework and criminal law, remarriage is not permissible before completion of divorce proceedings and final dissolution of the first marriage; any attempt to do so would be void, without legal recognition, and may invite both penal and civil consequences, including criminal prosecution and denial of marital rights.

Advocate Sanil Sarkar LawRato

676 votes

No, under Indian law, a person cannot legally marry someone else before obtaining a divorce from their current spouse. According to the Hindu Marriage Act, 1955, a valid marriage requires that neither party has a living spouse at the time of marriage.

Advocate Pankaj Bajaj LawRato

638 votes

Firstly you will have to confirm your religion. incase of Muslim man it is allowed to remarry again but incase of any other religion it is not allowed. For further query you can contact me for further help.

Advocate Amreen Shah LawRato

691 votes

Under Indian law, a second marriage while the first marriage is still legally subsisting is completely null and void. Doing so constitutes the criminal offense of bigamy under Section 82 of the Bharatiya Nyaya Sanhita (BNS), which is punishable by up to 7 years of imprisonment. You must wait for the final divorce decree and the expiration of the statutory appeal period before you can lawfully remarry.

Advocate Pankaj Bajaj LawRato