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Jina Mondal   02 March 2020

Punishment for remarriage without divorce

If I remarry without getting divorce from my husband. Will I get legal punishment for that? Can I get jailed or sued for it?

I know that this second marriage is not going to be legal. And my last marriage was ritualistic only, not registered.


 8 Replies

Joy Bose   02 March 2020

Hello,
Section 494 in The Indian Penal Code
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.

Regards,
Joy Bose

Shashi Dhara   02 March 2020

If your are ready to face consequences you Can do what you like.

P. Venu (Advocate)     02 March 2020

Any action for offences against Marriage is subject to the provisions of Section 198 CrPC. The principle laid down is that "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". 

Akshay   02 March 2020

Hi

According to The Hindu Marriage Act,1955,Sec 5(i)- niether party has a spouse living at the time of the marriage.

                      The Hindu Marriage Act,1955,Sec 7(1)- A Hindu marraige may be solemnized in accordance with the customary rites and ceremonies of either                          party thereto.(2) Where such rites and ceremonies include the Saptpadi(that is, the taking of seven steps by                                                                               the bridegroom and the bride jointlu before  the sacred fire), the marriage becomes complete and binding                                                                                          when the Seventh step is taken.

Sec8 of Hindu Marriage Act- Registration of Hindu marriage talks about if marriage is not registered it does not  change the character that is Validility, marriage is still valid, and if you dont registered it so you will be punishable with fine  which may extent to twenty-five rupees.

Because in Hindu Law rituals, ceremonies, rites these are primary one.

According to your query, sec17 of HMA,1955-Punishment of bigamy comes into the picture,where if spouse is living and you are going  for re-marriage ,then then second marriage will considered as void and you will be liable under IPC Sec494&495.

Hope this will help you

Best Regards,

Akshay Gupta

Dr J C Vashista (Lawyer)     03 March 2020

Have you decided or ready to remarry ?

If so, be prepared for shifting / enjoying Tihar jail when your spouse moves the Court for bigamy.

Dr J C Vashista (Lawyer)     03 March 2020

Repeated question paper, which is ridiculous, absurd and stupidity. 

Refer your query posted at: https://www.lawyersclubindia.com/forum/remarriage-without-taking-the-divorce-208138.asp

If you are not satisfied with obligation of experts/ respondents on this platform FREE OF COST, it is advisable to consult and engage a local prudent lawyer for better analyses of facts, professional guidance and necessary proceeding.

Jina Mondal   03 March 2020

Yes, I am decided and ready to remarry with my family's support and the person whom I am going to remarry is agreed to marry me without divorce but we are waiting for the divorce though. My first husband never took my responsibilities, not even after my marriage and now from last 8 years he is not giving me divorce cause he wants money for that. And you Mr. Vashista talking to me in a such unconventional manner a lawyer should be never talk to any person in some professional field. And I am not exploiting the Free of Cost service of this renowned forum. and both of my queries are different. If you can, read them well. And if you think you don't want to help people free of cost then don't comment in the free of cost forum. Your comments are not even useful to me. The other respected lawyers who have commented here have already guided me well and my heartiest thanks are for them.

Kavya Sreejith   13 May 2020

Greetings!

Polygamy is an offence under Indian Penal Code. To find out more, you may read - https://www.lawyersclubindia.com/articles/polygamy-and-the-indian-law-8465.asp

Regards


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