Second Marriage OF WOMEN?

Querist : Anonymous (Querist) 11 May 2010 This query is : Resolved
IF A WOMAN MARRIED A MAN WITH THE CONSENT OF HER HUSBAND, WHAT IS THE LEGAL EFFECT OF THIS MARRIAGE ?

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Raj Kumar Makkad (Expert) 11 May 2010
Such re-marriage is an invalid marriage and is a bigamy.

A V Vishal (Expert) 11 May 2010
It is a void marriage however it is not and can be termed as bigamy

Virender Pankaj (Expert) 11 May 2010
Section 5(i) of Hindu Marriage Act : A marriage may be solemnized between any two Hindus, if neither party has a spouse living at the time of the marriage.
Therefore the second marriage by a female Hindu is null and void even she get permission of his husband.

Section 494 of I.P.C. Marrying again during lifetime of husband or wife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Mr. Makkad is also right, it is a bigamy.

jitendra (Expert) 11 May 2010
2nd marriage of married woman without taking divorce from first husbond in court of law is null and void. it is the bigamy from her part and adultary on the part of other with whom she is living. with the consent of her husbond she can proceed for the mutual divorce in the court of law. after that only she is free to marry another.