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Fiduciary relations, divorce and second marriage
23-Jun-2025 (In Criminal Law)
I would like to get married with the girl I am in love with. I had fiduciary relations with her. Marriage will happen only after I divorce my wife who is not interested in me from many years. I am a hindu.
However, the girl is 15+ year younger, interested, I had fiduciary relations with her (5yr) at my workplace. Therefore, I am not sure if we will be legally allowed to get married in India. This is problem of power imbalance at workplace. Kindly provide guidance to smoothly go through process.
Legal Assessment of the Situation:
First Marriage – Divorce Requirement:
You cannot marry someone else until your divorce is legally finalized. Under Section 494 of the IPC (Indian Penal Code), marrying another person during the subsistence of the first marriage amounts to bigamy, which is a punishable offence.
Age of the Second Woman:
If the woman is above 18 years of age, and both parties are willing, then the marriage would be legally valid under the Hindu Marriage Act, 1955, provided all other legal conditions are fulfilled.
Helpful?
Adv. Lalit Kumar
Greater Noida | 50+ Answers
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if you want to get married to a girl after already being married you may have to divorce your first life
wife only when it will be null and void at work then only marry the younger girl though you can get special marriage act
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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According to the hma you should divorce to your first wife then you marry any one if you have not taken divorce to his wife then your marriage is not valid and before divorce if u marry the marriage is invalid
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Adv. Ajay Shukla
Lucknow | 50+ Answers
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dear client as per your query I can only suggest that yes you can marry only after the divorce decree but you can't marry a girl of 15+ yr as minimum age is 18 in India as a fiduciary citizen for future paid consultation please contact us with your relevant documents.
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Adv. Rahul Rathi
Allahabad | 700+ Answers
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As per Hindu Marriage Act, second marriage is only valid after legal divorce. Once divorce is finalized, and both parties are consenting adults, you can marry legally. However, considering workplace hierarchy and 15+ year age gap, it’s advisable to ensure there's no coercion or misuse of position, as it can raise ethical or legal issues under sexual harassment or IPC Section 354 if misinterpreted. Ensure all decisions are mutual and legally documented. You may consult a matrimonial lawyer for safe legal execution and reputation management.
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Adv. Aprajita Shukla
Lucknow | 50+ Answers
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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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