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Can a person do second marriage without taking divorce


10-Jul-2023 (In Family Law)
2008 is 2nd marriage without taking divorce not any trace is lady 2nd husband is 2 children any proof of 2 nd marriage
Answers (2)

Answer #1
857 votes
No, Person cannot do second marriage without taking divorce. Marrying again during life time of husband or wife is offence Under Section 494 of Indian Penal Code, 1860. Polygamy is prohibited under the law. Therefore without taking divorce from the former husband or wife , marrying with another person will be punishable offence. Therefore, best way to deal with this is to file petition for dissolution of marriage at appropriate court.

Answer #2
810 votes
Husband or wife have to take divorce to perform second marriage, if husband or wife does not take divorce then either of the party can file complaint under section 494 of IPC i.e. performing second marriage by not obtaining divorce from first marriage

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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