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Can I register my second marriage without mentioning my divorce?


17-Jul-2024 (In Divorce Law)
I got married 5 years ago and divorced due to my ex-husband's drug addiction. Recently, I married another man a month ago in a temple with our families present, but we haven't registered the marriage yet. My current husband knows about my previous marriage, but his parents are unaware. Can I register this marriage as my first marriage legally?
Answers (2)

Answer #1
343 votes

No you cannot declare this marriage as first marriage.

When you registered your second marriage, you are required disclose about first marriage in the application for marriage registeration.

Along with the form you are required to furnish an affidavit where you will declare that you were a divorcee.

In India, registering a second marriage without legally dissolving the first is not permitted and constitutes a criminal offense under Section 494 of the Indian Penal Code (IPC), which deals with bigamy. A second marriage is legally valid only after the first marriage has been dissolved by a court decree or if the first spouse is deceased. Otherwise, the second marriage is considered void, and the person may face criminal prosecution, including imprisonment.

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Answer #2
788 votes
Please do not get your second marriage registered before the registrar office as it will attract penal offense i.e. section 494 of Indian Penal Code. Only after giving a divorce to your first husband you can register your second marriage.
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