Legal implication of marrying a non divorcee women


If legally divorce person marry women who is not legally divorce What would the implications for legally divorce husband as women is not legally divorced What cases be filed against legally divorced husband n his family


Answers (3)

For a marriage to be legally valid, both the parties to marriage must not have a spouse living at the time of marriage i.e. neither the bridegroom nor the bride should already be married at the time of their marriage. A marriage in breach of this condition is void ab initio and has no effect in law. Accordingly, a man cannot marry a legally wedded woman unless she obtains a decree of divorce from competent court. In addition to the fact that their marriage will have no legal effect, they will also be liable to be prosecuted for the offence of bigamy which is punishable with maximum imprisonment of seven years. Moreover, if the man has sexual relation with the woman he can be prosecuted for the offence of adultery which is punishable with maximum imprisonment for two years.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Your marriage with the woman will not be legal since she is already married to someone else. till the time they do not separate your marriage with that woman and vice versa will not be legal. No legal status can be accorded to your relationship. First ask the lady, whom you want to have as your legally wedded wife to file for divorce, get separated and then marry you.

Popular Family Lawyers

Advocate Prabhjit Jauhar
Connaught Place, Delhi
22 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
22 years Experience
Advocate Sudershani Ray
Kailash Hills, Delhi
12 years Experience
Advocate Geetinder Singh
Lawrence Road, Amritsar
8 years Experience

Not legally divorced women means she is legally wedded wife of somebody. You can't marry her untill the decree of divorce from his previous marriage is not granted by the court.
If you still marry her, it is punishable for 7 years.
If you have sexual relationship with the legally wedded wife of somebody, you can be punished for the offense of adultery for 2 years terms, if proved.


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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 Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Similar questions

me and my husband is living separately since from 2014 . i just wanted to know the procedure of divorce in this sitution…

Read More

His wife having illegal relationship with other guy who is rich, but want to keep the relationship with husband just for society sake, rest of other t…

Read More

My wife parents are separating my child from me & threatening me saying I'm black mailing their daughter... I'm being married for 21months…

Read More

We have completed 2 yrs of marriage(arrange marriage,hindu).I am from Bangalore.staying in Chennai only we both his parents staying in Madhurai.Now my…

Read More

Talk to a lawyer for your legal issue