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Praveen Kumar (Not working)     10 January 2011

2nd Marriage without divorce

If a man married 2nd time without getting divorce, is it valid? what punishment he invites. what if he changes to islam and married?



 18 Replies

Avnish Kaur (Consultant)     10 January 2011

ipc 494 upto 7 yrs only

ipc 495  if first marriage hidden from second spouse only ten yrs

whether convert to islam or any religion these punishment are mandatory on remarriage,

does not apply to livin by husband with any other unmarried woman.

 

 

 


 

adv. rajeev ( rajoo ) (practicing advocate)     10 January 2011

If a person is hindu and without divorce to first wife he marries to second girl it amounts to bigamy and second marriage is void.  Criminal can be initiated against such person.

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 January 2011

he is guilt of commission of offence of bigamy

sivani (engineer)     10 January 2011

But how do you prove it.  They say it is near impossible to prove bigamy.  So the punishment is only in paper??????

Praveen Kumar (Not working)     10 January 2011

but many celebrities have done that, many politician

dharmendra got marred by changing to islam on paper, sometime haryana's deputy CM did the same

 

what can one do if the present wife is neither wiling to stay together no willing to divorce

Abhishek Marvi (ADVOCATE)     10 January 2011

if wife not willing to stay together than you may go to court for restitution of conjugal right

Deepa (BUSINESS)     10 January 2011

What are the legal offences the second wife will get in case the first wife is not divorced.

Saurabh..V (Law Consultant)     10 January 2011

Cause of action in any family case could be brought by either party to subject marriage. Hence if a man married twice even when being a Hindu, he cannot be punished in default unless either of his wives do not go to court and seek action against him.

 

Hindu converting to Islam does not give provision for multiple marriages unless his intention was to convert to Islam and not for marriage. If a person converts to Islam first and embrace the religion because of his interest in the religion and then subsequently meet a girl and get married to her, this would not amount to any offence. But if only for marriage purpose, someone converts to Islam, it is not only bigamy etc., but contempt against Islam as well.

 

 

//peace

/Saurabh.V

sivani (engineer)     10 January 2011

What about answer to my query??

Deepa (BUSINESS)     10 January 2011

If both the wives want to live with their husband what is the legal solution. If the first wife approaches police to get back her husband, what are the consequences faced by the second wife. What if the husband is willing to live only with the second wife and first wife is not accepting for any settlement ??

Mallik Karra (Done with AIBE)     10 January 2011

two woman wanting to live together is no solution, the law is clear post 1955 bigamy is disallowed, and who want to take this to court is again a question of locus standi......

and about proving the marriage be it first and the second... yes it might be difficult from case to case.... and the pity is many a times our courts has stressed the importance of getting the marriage registered but still it is not made mandatory.....

phaneendra (Advocate)     10 January 2011

No the 2nd marriage is not valid he can be punishable for the offence of bigamy under sec 494 IPC for a period of 7 yrs and shall also be liable to fine .

The judgment reported as Lily Thomas  vs  Union of India, 2000 (6) SCC 224 unequivocally declares that if the first marriage was under any personal law where there is a prohibition on contracting a second marriage during the lifetime of the spouse, as in Hindu or Christian law, then a second marriage performed under Muslim law would make the person liable for prosecution for bigamy.

Deepa (BUSINESS)     10 January 2011

Please clear my doubt, whether the second wife will be punished or not ?

Mallik Karra (Done with AIBE)     10 January 2011

Dear Deepa,

Not punished for getting married to a person who is already married.... but if malafide intention of getting married knowingly to person who is already married is proved then.......


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