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Is it legal to remarry without taking divorce from the first spouse


10-Oct-2023 (In Family Law)
She has been married to a person with the family pressures.But she does not want to live with him. She is saying to remarry again with me.She is not able live with him.She is saying that to going for a Arya-Samaj and to marry me.Is this the right way?
Answers (4)

Answer #1
536 votes
1)second marriage during subsistence of earlier marriage is null and void .

2.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.
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Answer #2
949 votes
Hi client, Gdeg, u should not marry her. she ought to take divorce from her present husband. If u marry her without taking divorce u
may face criminal prosecution initiated by her husband. So marry her after divorce..
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Answer #3
620 votes
It is not right to remarry without giving divorce because it comes under bigamy which is punishable under criminal law. If really intends to remarry she should take divorce in the event of remarry without divorce both are get in trouble
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Answer #4
949 votes
Dear,

No. It is not the right way. It is illegal to remarry without taking divorce from the first spouse. If she is not been able to live with her husband, ask her to obtain divorce from her husband legally by filing divorce petition in the jurisdictional family court. If you marry her without she getting divorce from her husband, you both could land in trouble.
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