What is the law of second marriage (both marriage are court marriage)

716 votes

In India according to Sec. 494 of the IPC deals with second marriage during the subsistence of the 1st marriage. The law being that, whoever who is married and has a spouse living cannot remarry. Whoever does any such act in derogation of sec 494 is liable to punishment for 7 years. So,according to your case, you can initiate a criminal case against the person concerned by registering an FIR against him under section 494 of the IPC in the nearest police station. After the police registers the FIR the accused will face trial in the court of law and shall be punished accordingly if found guilty of bigamy. Recently in our jurisdiction a man who had married and then subsequently remarried faced criminal trial and the Hon'ble court found him guilty of bigamy and was sentenced to 5 years of imprisonment with fine. So the law regarding section 294 is very strict. This law applies to all the citizens except Muslims. So therefore I suggest you to go and register an FIR against that person. And also suggest you to produce the marriage registration certificate in proof of your allegations. This can be a clear case where I am pretty sure that the Court will convict the accused subject to trial.

Advocate Sahil Kumar Nair LawRato