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Re-marriage without obtaining divorce from the first marriage
13-May-2023 (In Family Law)
Hi sir, If i am second marrige registry without first marrige divorce,that is possible or not?
No it is illegal to marry without getting divorce from your earlier marriage. Your wife might file complaint against you and as per the Indian Penal Code, it is a penal offence. Obtain a decree of divorce from your present marriage and then opt for re marriage.
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Without divorce of the first marriage second marriage is illegal.
Section 494. of the Indian Penal Code states that Marrying again during lifetime of husband or wife -- Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
And without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Sir,
Without obtaining divorce its not possible to have the first marriage dissolved, however subject to the faith and Act under which the first marriage was registered.
Without knowing further details i cannot advice further.
BEst,
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Adv. Abhishek Mukherjee
Ahmedabad | 50+ Answers
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it is total violation under law and punishable under IPC.you should first obtain divorce from your first marriage than only you are entitled to marry again.if you bypass divorce than in the presence of your first wife you would be charged with bigamy and punishable under law.
Helpful?
Your second marriage will be treated as void ab initio. That means your second wife will not get the status of 'wife'legally but your children from the second wife will get legal status. But if your first wife brings a charge under section 494 IPC i.e. for Bigamy, you may get imprisonment upto 7 years. Now the choice is yours
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Adv. Sauptik Mitra
Howrah | 25+ Answers
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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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