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an a married woman marry another man without divorce in india ?
14-Jun-2024 (In Divorce Law)
No. A married Christian woman cannot lawfully marry another man without first obtaining a civil divorce; a subsequent marriage while the first subsists is void and may attract criminal liability for bigamy under Section 82 of the Bharatiya Nyaya Sanhita, 2023. See BNS, s.82: 'Marrying again during the lifetime of husband or wife.-[https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf]. To marry lawfully she must obtain a decree of divorce under the Indian Divorce Act, 1869 (file a petition in the District Court or High Court on the statutory grounds in s.10 or by mutual consent under s.10A, with confirmation procedures in ss.16'20). See the Divorce Act, 1869 (text). [https://www.indiacode.nic.in/bitstream/123456789/2280/1/A1869-04.pdf]. The Supreme Court has held that ecclesiastical or church 'divorces-do not replace a civil decree under the Divorce Act (Molly Joseph v. George Sebastian, AIR 1997 SC 109) and reaffirmed that church decrees are not legally effective in 2017, so remarriage after only a church annulment risks prosecution for bigamy. [https://sooperkanoon.com/case/640272/molly-joseph-alias-nish-vs-george-sebastian] [https://indianexpress.com/article/india/divorce-granted-by-church-court-cant-override-law-supreme-court/].
In India, a married woman cannot legally marry another man without first obtaining a divorce from her current husband. Doing so would constitute bigamy, which is a criminal offense under Section 494 of the Indian Penal Code (IPC). The second marriage, in such a case, would be legally void, and the woman could face legal consequences, including imprisonment and/or a fine. To remarry lawfully, a person must first obtain a valid divorce decree from a court.
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.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Adv. George Varghese
Adv. George Varghese
Ernakulam | 5+ Answers
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Please understand that love before marriage and love after marriage can be very different, especially when couples face the realities of life together. Divorce can be stressful, emotional, and confusing—not just for the couple, but also for their children. At any age, children may feel uncertain, angry, or sad about their parents separating. As a parent, it's normal to feel unsure about how to support your children during this difficult time, but your care and sensitivity can make a big difference.
If you are considering marrying another man, please note that you must first obtain a legal divorce from your current husband. Without a valid divorce, a second marriage would be considered an offence under Section 494 of the Indian Penal Code (now Section 82(1) of the Bharatiya Nyaya Sanhita, 2023). Even entering into a live-in relationship before divorce may be seen as adultery, which could have legal consequences in certain circumstances.
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Adv. Ajay NS
Adv. Ajay NS
Ernakulam | 5+ Answers
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Adv. Sindu R Kurup
Adv. Sindu R Kurup
Kannur | 5+ Answers
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