law on second marriage without divorce.

Can a second marriage be done without divorce? BNS 82(1), IPC 494

According to section 5 of the Hindu Marriage Act, at the time of marriage, the boy and the girl should not be already married and if a person marries another person without getting divorced, then it is an offence under section 494 of the IPC. And if a complaint is made against the person doing such marriage, an FIR will be registered. If the police refuses to register the FIR, you can also get the FIR registered directly through the court. And after the FIR, if the crime of the person marrying without divorce is proved in the court, then the person marrying without divorce can be punished with imprisonment up to 7 years and fine.

What is the legal validity of second marriage without divorce? BNS 82(1), IPC 494

Marriage cannot be done without divorce but if a person marries another person without divorce then such marriage will be considered void in the eyes of law and such marriage will not have any legal recognition. And the woman who marries in this manner does not have the right to receive maintenance etc. from her second husband and the law does not consider the man with whom she has married for the second time as her husband.

When will second marriage not be considered a crime? BNS 82(1), IPC 494

If a court has annulled the first marriage by its order.

If the life partner of a person is absent or missing for 7 years continuously or there is no information about him/her being alive, then second marriage can be done without divorce.

If religion has been changed before the second marriage.

Can a married woman have a physical relationship with another person? BNS 82(1), IPC 494

Friends, as I told you above that if any married woman or man marries another person without getting divorced, then that marriage is not considered legally valid and those two persons are not considered husband and wife, but still if both of them start living together Or if they have physical relations, then this relationship will not be legally considered as a live-in relationship, rather this relationship will be considered as adultery, but now adultery is not considered a crime, hence the husband or wife cannot file a case against their spouse for adultery, but divorce can be taken on the basis of adultery.

Note: The above mentioned law related to second marriage without divorce is not fully applicable to the Muslim community due to the implementation of Muslim law.

Author:

Advocate Aftab Fazil
Chamber No. D-715, D-Block, Karkardooma Court, Delhi
Mobile No. 9971943882, 9015181526