Is second marriage without divorce legal as per Hindu Act?

Question

Is second marriage without divorce legal as per Hindu Act?

28-Feb-2023 (In Divorce Law)

I am a Hindu and got married in the year 2009. My wife and I are not willing to live together anymore. Can I marry again without divorcing my first wife?

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2017-02-28T13:00:14+05:30

No, you cannot have a second marriage without divorcing your first wife. As per Hindu Marriage Act, it is illegal to marry without divorcing the first spouse. It will attract penal action against you, if your spouse approaches the court and the police.

Since, both you and your wife do not wish to stay together, you both can file for a mutual consent divorce and obtain divorce in about 6 months. You need to be present in court in person at the time of filing the petition and on the day of order, which will ordinarily be about 6 months later.