it is possible to have second marriage without divorce separated ?
13-Sep-2023 (In Divorce Law)
In India, it is not legally possible to enter into a second marriage without obtaining a divorce from your current spouse. Engaging in a second marriage while the first marriage is still subsisting is illegal and is considered bigamy, which is a criminal offence under Sections 494 and 495 of the Indian Penal Code, 1860. If a Hindu contracts a second marriage without obtaining a divorce from their current spouse, such a marriage is void in the eyes of the law.
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.
What are the rules for a second marriage?
Is it OK to marry a divorced woman?
What is the punishment for illegal second marriage?
Can a married man live with another woman without divorce in India?
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
> 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
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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Legal Status:
- In India, having a second marriage without obtaining a divorce from the first spouse is not legally permissible. Indian law does not recognize or allow bigamy, which is the act of marrying another person while already being married to someone else.
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Criminal Offense:
- Contracting a second marriage without legally dissolving the first one is considered a criminal offense under Section 494 and Section 495 of the Indian Penal Code (IPC). These sections deal with bigamy and punishment for it.
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Penalties:
- Engaging in a second marriage without obtaining a divorce can lead to legal consequences, including imprisonment and fines. Section 494 of the IPC prescribes a punishment of up to seven years of imprisonment for bigamy.
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Legal Divorce Process:
- If you are separated and wish to remarry, it is essential to complete the legal divorce process to dissolve your existing marriage officially. This involves filing for divorce in court and obtaining a divorce decree.
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Exceptions:
- There are some exceptions in certain personal laws, such as the Muslim Personal Law, which allows a Muslim man to have up to four wives under specific conditions. However, these exceptions are specific to particular religious communities and subject to their personal laws.
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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