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Is Second Marriage Possible Without Divorce

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:

  1. 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.

  • Indian Penal Code:

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.

  • Evidence Act:

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 imprisonment varies.

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 In India?

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 such as:

  • 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
  1. 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 as Cheating.

  • 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.


  1. 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 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.

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