LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shyam (fsa)     27 June 2011

Legally allowed conditions for second marriage with consent

I got married ten months back. My wife's health condition is not good and she is not fit to have children. Actually her health condition was known to her and her parents before marriage, but they didn't reveal that to me. Doctor said that her health condition may be critical (skin cancer)in near future. My wife and in-laws are agreed for my second marriage; and they are (my wife and in-laws) ok, if I am agreed to marry their other daughter (wife's sister).
I want second marriage to be legally valid.
So, I want to know, what is the law stand on second marriage without being divorced and with wife's consent?
And also is there any other way that I can marry again without applying for divorce?

Please advice... Thanks


 5 Replies

sandy velan (social coordinator)     30 June 2011

no way. for marrying second time u have to be legally divorced.


Get Divorce first and then re-marry.


In above situation you have an upper hand till now.


If you gets re-married without divorce means cruelty to first wife and get ready to be hit with 498A, if something goes wrong in your current as well as previous relationship.


I know many people may not agree with me, however couldnt stop myself to write my thoughts.

Advocate Rajkumarlaxman (Advocacy)     02 July 2011

Its true that u may be hit 498A as [Never give up ]says. get divorced and marry with the other or if the first marriage was as per ritauls and not registered then under mutaul consent by putting all the conditions and terms along with the critical condition of yur first wife make an MOU/agreement /divorce agremeent and then marry . always is well when things are correct and placed right. if your first wife is ready for a the smame then it would not be diffcult through a proper channel and a senior sdvocate's advice 

Vinod Kumar Arora (Partner: PATHFINDERS)     02 July 2011


Dear Shyam,

Section 494 falls under Chapter XX of The Indian Penal Code, 1860 and read as under.



Marrying again during lifetime of husband or wife.


494. 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 descripttion 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 declared 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.


AND the provision relevant to your query of section 198 of The Code of Criminal Procedure, 1973 read as under.


198. Prosecution for offences against marriage.- (1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code(45 of 1860) except upon a complaint made by some person aggrieved by the offence:


Provided that-

(a)    xxxx

(b)   xxx

(c)    where the person aggrieved by an offence punishable under section 494 of the Indian Penal Code(45 of 1860) is the wife, complaint may be made on her behalf by her father, mother,

(d)   brother, sister, son or daughter or by her father's or mother's brother or sister. (or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.) 

Avnish Kaur (Consultant)     03 July 2011

NO OTHER WAY EXcept to get divorce from first wife.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register