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Second marriage without divorce


20-Jun-2025 (In Divorce Law)
I am not living with my from 3 years. My brother and sister in law are tauchering me physically and mentally. Please suggest can I do second marriage without divorce
Answers (5)

Answer #1
531 votes
As per Indian law, you cannot enter into a second marriage without obtaining a divorce from your first spouse. Doing so would be considered bigamy under Section 494 of the Indian Penal Code, which is a punishable offense. If you are facing physical or mental harassment from your brother and sister-in-law, you may file a domestic violence complaint under the Protection of Women from Domestic Violence Act. Simultaneously, you should consult a lawyer to initiate divorce proceedings based on desertion, cruelty, or other applicable grounds. Only after a legal divorce decree is granted, you are free to remarry. Please take legal action with the help of an advocate like me
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Advocate Lalit Kumar

Adv. Lalit Kumar

LawRato Greater Noida | 50+ Answers
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Answer #2
800 votes
According to Indian law, if you are already legally married and your spouse is alive, you cannot remarry without obtaining a divorce decree from the competent court. Second marriage without divorce amounts to bigamy, which is a punishable offence under Section 494 IPC. Merely living separately for 3 years does not grant automatic divorce. You must file for divorce under appropriate grounds like cruelty, and only after court grants it, you can legally remarry. If you are facing harassment, you may also file a complaint under Section 498A IPC and seek protection under Domestic Violence Act.
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Advocate Aprajita Shukla

Adv. Aprajita Shukla

LawRatoLucknow | 50+ Answers
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Answer #3
861 votes
your not living with your family for 3 years your inlaws are fighting you can file a petition of domestic violence what you can file in the police station you can file a petition for separation if the inlaws are harrssing
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Advocate Spiti Sarkar

Adv. Spiti Sarkar

LawRatoGreater Noida | 700+ Answers
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Answer #4
676 votes
No, you can't do a second marriage without divorce or the death of a husband or wife. if someone is torturing you or harassing you then you can file a police complaint against him. for more information you can contact us.
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Advocate Satish Bhati

Adv. Satish Bhati

LawRatoGreater Noida | 400+ Answers
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Answer #5
852 votes
Doing second marriage without divorce is a criminal offense. you can not do second marriage without getting divorce from your husband from competant court of law. if you want to get rid with this problem first you send a legal notice to your spouse and try to settle the matter amicably. you can file divorce petition on the basis of mutual consent basis. if your spouse is not interested in divorce on mutual basis then you can call me without any hesitation I will guide you properly for your future actions
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Advocate Rajeev Srivastava

Adv. Rajeev Srivastava

LawRatoGhaziabad | 400+ Answers
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