
Q1. In Which Case Is Second Marriage Legal?
Marriages in India are conducted with respect to personal law, so these do not allow second marriages to be valid and legal. Do you like to know ‘without divorce second marriage possible’? The Second marriage without divorce is illegal in India unless religion or custom considers the marriage to be valid.
Q2. Does Hindu Marriage Act Allow Second Marriage?
According to Section 17 of the Hindu Marriage Act, 1955, when the person marries another person during the existence of his/her first marriage when the husband or wife is alive, then the person would be punishable by the Indian Penal Code. Bigamy is an offence that is not only under criminal law but also under HMA, Section 17.
Q3. What Are the Conditions For a Second Marriage?
The conditions are based on the context of the second marriage. During the time of marriage, the wife or husband of the party must not be living or alive. The second condition is the first marriage needs to be dissolved at the time of the second marriage during the time otherwise, the second marriage is void under Section 11.
Q4. Can A Person Get Married While A Divorce Is In The Process?
No, the person could not get married when divorce is in process. Until the time of pending Divorce proceedings in Court, you cannot legally marry any other person. Whether you can apply for Contested or Mutual Consent Divorce, your Divorce proceedings need to be completed.
A divorced person could not marry again until the expiry of 6 months from the date of Divorce. Recently, the High Court announced when the party enters second marriage, if an appeal of divorce for the first marriage is pending, then he or she is not guilty of the offence of bigamy based on Section 494 of the Indian Penal Code.
Gaurav Chhabra
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