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Second marriage without dissolution of first marriage
25-Mar-2026 (In Divorce Law)
Is marrying someone socially without getting divorce from wife a criminal offence in Hindu marriage registration act?
Under Hindu law, a valid marriage can only subsist with one spouse at a time. As per Section 5 and Section 11 of the Hindu Marriage Act, 1955, a second marriage during the lifetime of a legally wedded spouse (without obtaining a valid divorce) is void.
Further, such an act amounts to the offence of bigamy, which is punishable under Section 494 of the Indian Penal Code. Therefore, even if you marry someone “socially” without registration, it will still be considered an offence if your first marriage is legally subsisting. Registration is not what makes the marriage valid or invalid—the existence of a spouse is the key factor.
The second wife will not get the legal status of a wife, and such marriage has no legal sanctity. However, certain limited rights may still be available to her under other laws depending on circumstances.
Therefore, you must first obtain a valid divorce decree from the competent court before entering into another marriage to avoid criminal liability and legal complications.
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Adv. Atanu Patra
Adv. Atanu Patra
Kolkata | 50+ Answers
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I understand that this situation can be very upsetting and legally complex. Entering into a second marriage without legally dissolving the first marriage is a serious matter under law, and you have strong legal rights and remedies available to protect your interests.
I have been handling matrimonial disputes for the past few years, including cases involving bigamy, divorce complications, maintenance, and other related issues. I have assisted clients in taking appropriate legal action in such matters with a strategic and result-oriented approach, ensuring their rights are properly enforced.
Cases like these require careful handling, proper legal strategy, and timely action. I focus on providing clear guidance and strong representation so that my clients can move forward with confidence and legal protection.
You may consult with me to discuss your situation in detail. My contact details are available on my profile. I will ensure your matter is handled professionally, confidentially, and with complete dedication.
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Adv. Dipayan Dutta
Adv. Dipayan Dutta
Siliguri | 25+ Answers
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Yes, definitely, it's a serious criminal offence. No one can marry without dissolving the first marriage. In such cases, the first wife has all the rights to have maintenance from the husband. If the husband ignores that, approach the court for complaining against your husband with valid proof.
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Adv. Dhrubajit Karmakar
Adv. Dhrubajit Karmakar
Siliguri | 25+ Answers
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Under Hindu Marriage Act, 1955, a valid marriage requires that neither party has a living spouse at the time of marriage. If a person marries again without obtaining a legal divorce from their existing spouse, such marriage is void.
Further, this act also amounts to an offence of bigamy under Indian Penal Code Section 494, which is a punishable offence. Even if the second marriage is performed socially without registration, it can still attract criminal liability if essential marriage ceremonies are proved.
It is advisable to seek proper legal remedy in such cases.
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Adv. Roma Roy
Adv. Roma Roy
CoochBehar | 25+ Answers
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yes, it is an offense under B.N.S. punishment upto 7years. You can only marry for 2nd time only after the dissolution of your first marriage. Hindu Law doesn't mandate the registration of marriage. For further inquiry, you can contact me.
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Adv. Jit Ghosh
Adv. Jit Ghosh
Howrah | 25+ Answers
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