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it is possible to have second marriage without divorce ?


29-May-2024 (In Divorce Law)
Hi, me and my wife separated last 1 year. no contacted still now. Please give me information about indian law for second marriage without divorce in India and is it possible to second marriage without divorced? if it's not legal then what is the punishment for second marriage without divorce?
Answers (6)

Answer #1
347 votes

In India, entering into a second marriage without obtaining a legal divorce from the first spouse is considered illegal and amounts to the criminal offense of bigamy under Section 494 of the Indian Penal Code. According to the law, a person who marries again while their spouse is still alive and the first marriage is legally valid can face imprisonment of up to seven years and a fine. The second marriage in such cases is deemed void from the beginning. This law applies to individuals governed by most personal laws in India, such as Hindu, Christian, and Parsi laws, where monogamy is a legal requirement. However, under Muslim personal law, a man may have up to four wives, provided certain conditions are met. Despite the religious exceptions, the general rule remains that a person must obtain a legal divorce before remarrying to avoid legal consequences and protect the rights of all parties involved.

If a person is found guilty of bigamy, the punishment is imprisonment for 7 years and fine under Section 494 and imprisonment for 10 years and fine under Section 495, if the above offence is committed with concealment of the former marriage from the person with whom subsequent marriage is contracted.

Regarding the registration of a second marriage, it is essential to provide accurate and truthful information during the registration process. Registering a second marriage without disclosing the fact that one is still legally married would be providing false information and could have legal consequences.

If you wish to legally marry another person while your previous marriage is still valid, you will need to obtain a divorce from your current spouse. Divorce proceedings can be initiated by either party through the appropriate legal channels, such as filing a divorce petition in family court. Therefore, second marriage is not legal in India for Hindus, Christians, Sikhs, Budhists, Jains etc. without a proper dissolution of the first marriage.

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Answer #2
995 votes
Second marriage will be allowed only after legally separated. So both of you can file a joint petition before the Family Court where the marriage was solemnised. If you remarry the second marriage is not valid.
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Answer #3
747 votes
There is no possibility unless the personal law of your religion has sanctioned the custom. Even if so, you require the permission of the competent Authority if you are a public servant...
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Answer #4
996 votes
Without divorce second marriage is an offence under section 494 of ipc. Live in relationship also will be treated as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard. 1)second marriage during subsistence of earlier marriage is null and void . Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC. Remarriage without divorce renders the second marriage as bigamous which is an offence not only under the Indian law
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Answer #5
682 votes
it is possible to have second marriage without divorce separated ? > in Divorce Law Question: Hi, me & my wife separated last 1 year. no contacted still now. it is possible to second marriage without divorced? Response No legal validity for Second marriage until you get valid divorce from first marriage
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Answer #6
905 votes
Hai no way. else u can have illegal marriage n have the risks. If both ready for seperation have mutual consented seperation n find ur own lives. Hope there are no kids. Talk each other n settle things. 2nd marriage without divorce i wont recommend. The opposite spouse may lodge complaint against the 2nd married couples. Try filing a Pre Litigation Petition if u find it hard to speak to her Hope am upto ur query
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