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summer69 (owner)     03 June 2021

Can husband do second marriage in hindu law if first wife is not giving divorse

as my wife is not giving divorse it possible to do second marriage .please let me know


 5 Replies

Sankaranarayanan (Advocate)     03 June 2021

while having first wife, a person plan to marry a another one is illegal

ak sharma   03 June 2021

without divorce second marriage is an offense under section 494 of ipc.

Sankaranarayanan (Advocate)     03 June 2021

got any valid court order for the same?

pankaj verma   03 June 2021

no...it's illegal...9816374011

Vasundhara Singh (Student)     04 June 2021

 Hello, Greetings of the day!  

Marriages done according to Hinduism do not allow bigamy that means a person cannot marry second while his first spouse is alive and living with him or her.  

According to Section 5 of the Act, no person can have a marriage if it at the time of second marriage, he or she has a living spouse. Marriage against the provisions laid down under Section 5 will be invalid according to Section 11 of the Act and the married party will have no rights of a married couple.  

Marrying a second time without giving divorce will be treated as bigamy and it is also punishable under Section 494 of the Indian Penal Code, 1860.  

Section 494 reads as, “Whoever, having a husband or wife living, marries in any case in which such marriage is void because of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.”  

Best Regards,      

Vasundhara Singh     

Law Student  

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