Second Marriage

Querist : Anonymous (Querist) 25 July 2011 This query is : Resolved
Sir,
Can you please give comments on below:-

"As per section 494 IPC, a person can have second marriage after seven year of living seperately from his wife Or husband, even they are not yet divorced legally" is this correct.

My divorce case filed is pending with court, judgement yet to come.

Can you please help me.

Thanks/Regards,
Ajit

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R.Ramachandran (Expert) 25 July 2011
Your understanding of the provisions of Section 494 IPC are completely wrong.

Section 494 IPC creates an offence when a second marriage is contracted during the life of such husband or wife.

An exception to this provision is created in case a second marriage is contracted during the life of a former husband or wife, PROVIDED that such husband or wife, was continually absent from such person for the space of seven years, and was not heard to be alive.

Unless the above two conditions are satisfied the contracting of second marriage would still constitute an offence under Sec. 494 IPC.

One can contract the second marriage without obtaining the divorce, PROVIDED the above two conditions are satisfied.

In your case, you say that your divorce case is pending in the court and only the final decision is awaited. This means, your spouse is alive and kicking (you cannot say that she is not alive). Since the condition that the spouse should not have been heard to be alive for at least 7 years fails in your case, you cannot contract the second marriage without obtaining appropriate "divorce" from the court.

B.B.R.Goud. (Expert) 25 July 2011
no. even after 7 yrs of separate living, it is not concluded that divorced.

B.B.R.Goud. (Expert) 25 July 2011
no. even after 7 yrs of separate living, it is not concluded that u r divorced. u need to apply separately for divorce, if u want.