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Jul 19, 20233 min read

In Which Condition Second Marriage Is Legal For Hindu Women's

Under the Hindu Marriage Act of 1955, second marriage refers to the legal union of a Hindu individual who has previously been married and whose previous marriage has been dissolved through divorce, death of the spouse, or other legally recognized grounds.

The Act provides certain conditions and provisions that allow Hindu individuals, including women, to enter into a second marriage while adhering to the prescribed legal requirements.

These provisions ensure that the second marriage is conducted within the framework of the law, offering individuals the opportunity to move forward and create a new marital bond after the end of their previous marriage.


Rights of Second Wife in India


The rights of a second wife in India under the Hindu Marriage Act are as follows-

  • Maintenance claim- The second wife can claim maintenance if the husband has sufficient means to support both wives and if she is unable to maintain herself.

  • Property rights- In the absence of a will, the second wife may have limited or no rights over the husband's property, as the first wife and children are prioritized.

  • Custody and guardianship- The second wife may have limited or no rights over the custody and guardianship of the children from the first marriage.

  • Legal recourse- The second wife can seek legal remedies in cases of abandonment, domestic violence, or denial of maintenance under the Hindu Marriage Act and other applicable laws.

Condition for Second Marriage for Hindu Women

Under the Hindu Marriage Act, second marriage for Hindu women is permissible under specific conditions. These conditions include-

  • Dissolution of Previous Marriage- If the first marriage has been legally dissolved through divorce, a Hindu woman is eligible to enter into a second marriage. The divorce must be obtained through a court decree following the due process of law.

  • Death of Spouse- If the first husband has passed away, a Hindu woman is allowed to remarry. In such cases, a death certificate of the deceased spouse may be required as proof.

  • Impotency- If the first husband is impotent and unable to fulfill the marital obligations, a Hindu woman may be granted the right to enter into a second marriage. This requires a declaration by a competent authority establishing the impotency of the spouse.

  • Abandonment- If the first husband has abandoned the wife without any contact or support for a specified period, a Hindu woman may be eligible to remarry. The period of abandonment may vary depending on local laws.

  • Special Permission- In exceptional cases, a Hindu woman may be granted permission by the court to enter into a second marriage. This may include situations where there are compelling reasons or exceptional circumstances justifying the request.

Indian Penal Code: Second Marriage for Hindu Women


Certain provisions of the IPC may be applicable in cases where the second marriage is conducted fraudulently or without legally dissolving the first marriage are as follows-

  • Section 494- This section deals with the offense of "marrying again during the lifetime of a spouse." It states that whoever, having a spouse living, marries again in any case in which such marriage is void by reason of its taking place during the lifetime of such spouse, shall be punished with imprisonment of up to seven years and shall also be liable to a fine.

  • Section 495- This section deals with the offense of "concealing former marriage from person with whom subsequent marriage is contracted." It states that whoever, having a husband or wife living, marries again in any case in which such marriage is void by reason of its taking place during the lifetime of such husband or wife, and conceals such former marriage from the individual with whom the future marriage has been agreed upon, shall be subject to a fine and a term of imprisonment of up to ten years.

Judicial Pronouncements

  • In the case of Sureshta Devi v Om Prakash, the Supreme Court held that a second marriage entered into during the subsistence of a valid first marriage is null and void, regardless of the personal law or religion of the parties involved.

You will need the help of lawyers to make you understand the conditions to be met before the second marriage of any Hindu women.


You will need the help of lawyers for performing your Court marriage in Ghaziabad. You will need the help of lawyers for performing your Court marriage in Gurgaon. Similarly, you will need the help of lawyers for performing your Court marriage in Noida.


You can talk to a lawyer at Lead India for any kind of legal advice. In India, free legal advice online is available. Along with free legal advice online you can ask questions to experts online free in Lead India.


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