Is Second Marriage Possible Without Divorce
Marriage is the life-changing experience of one’s
life with joining in a holy matrimony. Marrying the right person for your life
will be a blessing, but when you marry the wrong person, your life will be a
disaster. There are circumstances where it could lead to stress, finances and
many other reasons when you marry the wrong person.
In some cultures, people would say it is not right to
marry twice. Normally, society in our country is against divorce even when the
married couple cannot live together or is unhappy. There are laws which allow
couples to apply for divorce legally and restart their life.
Whatever the reason for divorce, it will be a second
chance when a person finds love again after exchanging the vows feeling. Things
can work the next time when the couples are determined, but it is not
guaranteed that the couple could thrive in the second marriage.
Is It Legal to Have a Second
Marriage Without Divorce?
No, it is illegal to have a second marriage without divorce in India. Under Section 494 of the Indian Penal Code, when a person is marrying a second time without divorce, then their second marriage is illegal. The Act is a punishable offence, and the person could face severe consequences.
It is easier to file a complaint against the person
under Section 415. Most people have a question about whether a ‘second marriage
without divorce or not in India’. It is illegal for a person to marry twice
when without having a divorce when the husband or wife is alive.
Second Marriage Without
Divorce in India Is Not Legal and Is A Punishable Offence:
Under Section 5 of Parsi Marriage and Divorce Act,
the bigamy will be declared as void and null, so it will be punishable as an
offence under Section 494. Under Section 114 of the Evidence Act, all the facts
based on human action needs to be submitted.
Under Section 11 of the Hindu Marriage Act, the
context of second marriage needs to be stated. Condition states second marriage
without any dissolution of the first marriage will be void and null.
Laws Regarding 2nd
Marriage Without Divorce:
Unity in Diversity is followed in India as our
country is filled with cultures and versatility. It makes our people unique in
all aspects. There are many cultures with having requisites and laws for filing
a divorce, and it is illegal without
divorce second marriage in India. Marrying more than once without divorce
is punishable by law as it is illegal in the country.
Some of the Laws that contain
provisions regarding second marriage are listed below:
- The Hindu Marriage Act:
Section 5 of the Hindu Marriage Act states the
condition required for considering the marriage valid. Some of the conditions
based on the context of the second marriage will be a time of marriage; the
wife or husband of the party must not be living or alive.
These also include the first marriage dissolved
during the time of the second marriage; otherwise, the second marriage will be
void based on Section 11 of The Hindu Marriage Act.
Under Section 494 of the Indian Penal Code, when a
person marries while his/her husband/wife is living during the marriage them,
it will be Bigamy, so they are a punishable offence. Likewise, when the
husband/wife could file a complaint based on Section 415 of the Indian Penal
Code as it states about cheating.
Under the Section 114 of the Evidence Act, there are
provisions based on a presumption which are mentioned with respect to facts
regarding human actions. When the fact is declared under the Act, then it will
be called conclusive proof for the court.
Punishment For Second
Marriage Without Divorce In Hindu:
Punishment for bigamy or 2nd marriage without divorce will be imprisonment, and these could
also extend to 7 years or a fine. When the person is charged with bigamy with
hiring first marriage, then the person will be punished with imprisonment for
up to 10 years or a fine.
Under Section 17 of the Hindu Marriage Act, if the
person is committed a crime, then it will be based on Section 494 and Section
495 of the Indian Penal code. These are based on criminal offences, so
Under Section 494 of the Indian Penal Code, when a
person commits a crime, then they are punished with the imprisonment for up to
7 years or a fine. These will be based on the severity of the crime.
Can I Marry Without Divorce
No, Second marriage is allowed in the country only if the couple is legally separated. The husband and wife could file a Joint petition before Family Court, and the marriage needs to be solemnized. Normally, there is no Indian law for second marriage without divorce, so you need to ensure to file a proper divorce before getting remarriage. The main reason is that without divorce second marriage will be an offence under section 494 of IPC.
Based on Indian law, the Live in a relationship is
also treated as the Act of Adultery, so it leads to jail term punishment when
the wife or husband lodges a complaint against you.
Section 17 HMA states the marriage between Hindus is
void when the date of such marriage with either the husband or wife is alive.
It will be punishable under Section 494 and Section 495 of IPC. Remarriage
without divorce will render second marriage as the bigamous as they are offence
under Indian law.
When Can A Second Marriage Be
Considered To Be Valid?
Second marriage is legal or valid under certain cases
- If the spouse of the person
marrying is missing for seven years
- If the person is not heard
from him/her, but it is necessary that both parties need to be aware that the
spouse of the person is marrying
- If the first marriage is
declared as void by the court under the jurisdiction
- If there is no proof stating
these conditions are not fulfilled during 2nd marriage
- Legal Rights For Second Wife:
Normally, the Second marriage with the existence of
the first marriage will be void. So the second husband or wife does not have
any legal rights. When the person marries the woman without disclosing about
the first marriage, then the second wife could file a case against the person
- Status Of The Children Born Out Of Second Marriage
Under Section 11 and Section 16 of The Hindu
Marriage, when the child is born out of a void marriage, then the child is
legitimate. When the marriage of his/her parents is valid, then a child born
out of it is legitimate.
The Child is
legitimate when he/she has a valid and legitimate right over his/her mother’s
or father’s property. It is important to know if second marriage without divorce is legal or not in the country
along with the status of children born out of the second marriage.
- 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.
- 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.
- 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.
When the husband marries a second wife, even when the
first marriage exists, then Hindu law is termed the first marriage as
‘subsistence’. Husband will remain as married to the first wife even after the
second marriage, and the second marriage will be illegal, and it is punishable
under Sections 494 and Sections 495, IPC.
- Can A Person Get Married While A Divorce Is In The
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.