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Punishment For Second Marriage Without Divorce

In India, it is unlawful and forbidden to get married a second time without first divorcing your spouse. This is a crime that is punishable and subject to severe punishment. Section 5 of the Hindu Marriage Act of 1955 provides a detailed description of the circumstances and requirements that constitute a valid marriage.


Section 11 of the Hindu Marriage Act of 1955 outlines the prerequisites and criteria for a second marriage. This provision succinctly indicates that, in the event that the first marriage is not formally dissolved by a family court, the second marriage shall be void and null in all respects.


Different religions tolerate this in different ways. For example, in The Christian Marriage Act, bigamy is not specifically mentioned, but it is noted that committing a second marriage without divorcing the first spouse can result in severe punishment.


Section 419 of the Indian Penal Code imposes penalties for it. Although bigamy as such is not mentioned in Muslim law, it is said in the "Quran" that a man may wed up to four women simultaneously.


In this case, the husband can get married without divorcing anyone. The wives must be treated equally, with love and respect, in order to avoid divorce in a second marriage. The obligation would be properly acknowledged and established.

Can a couple get married without getting a divorce?


A second marriage cannot be started without a divorce, according to Section 494 of the Indian Penal Code.


Bigamy is the act of entering into a second marriage without first divorcing the first spouse. According to Indian law, bigamy is a crime that can be punished and is considered "cheating" under Section 415, which allows the wife to submit a complaint against the husband for having a second marriage without getting a divorce with the help of a lawyer.

  • Section 114 of the Indian Evidence Act contains all information pertaining to human behavior.

  • According to Section 5 of the Parsi Marriage and Divorce Act, getting married again after an unresolved divorce is punishable.

  • Bigamy would be prosecuted and charged in accordance with Section 44, according to the Special Marriage Act. Second, it is unacceptable and unlawful to marry without getting a divorce.

What are the Bigamy Laws and Penalties?


The prohibition against and legal penalties for bigamy, or a second marriage without a divorce, are stated in various sections under various laws.

Sections 494 and 485 of the Indian Penal Code provide penalties for bigamy, which is defined as a second marriage that does not result in a divorce.

Section 17 of the Hindu Marriage Act of 1955 states this. This is an illegal relationship, and it is a charge and an offense in that person's name.

Before taking any action in this case, the distraught wife or husband should speak with a divorce attorney to make wiser decisions.


What is said in Indian Penal Code Section 494?


According to Indian Penal Code Section 494, anyone found guilty of a felony similar to Section 494, such as a second marriage without divorce, may face a prison sentence of seven years or more.


Depending on the gravity of the crime, further charges, like a fine or both, may be imposed. If a person is accused of such crimes or suffers from such problems, they may seek legal advice.


Second Marriage Without Divorce: Is It Valid?


A divorce attorney can assist couples in taking the appropriate action where it is essential by guiding them through the various theories and disputes surrounding these matters.

One cannot establish that a second marriage after a divorce is valid. This is due to the fact that such marriage is against the law and thus punishable.

A second marriage is only regarded as legitimate legally if certain requirements are satisfied, such as:

  • The Hon'ble Court determined that the first was void and unenforceable.

  • Since seven to eight years ago, the spouse has been absent and has not been seen again.

If couples want to do court marriage, they can search for how to do court marriage. If the couple lives in Delhi, then marriage registration in Delhi may be done, but a second marriage without divorce will not be legal.


To address the issue, Lead India provides information, legal services, and free legal advice online. To get the best guidance in this circumstance, ask a legal question online and talk to a lawyer.


Call Us: +91–8800788535

Email: care@leadindia.law

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