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upkar gupta (lecturer)     01 September 2012

Remarriage without divorce

hello experts..

i just want to know that is it possible for a hindu man to remarry without getting a divorce from his wife because wife is not ready to give divorce at any cost.

And if he does not show his second marriage, how can a wife claim that he get married?

AND one IMP thing

if a person did so.. what is a punishment for this crime?



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 September 2012

A hindu male cannot remarry during the lifetime of his wife without first obtaining divorce from the court. It amounts to the offence of bigamy u/s. 494 IPC and is punishabe with imprisonment which can extend upto 7 years.  To succeed in a case of bigamy, the first wife will have to prove the second marriage in the court. 

Ranee....... (NA)     01 September 2012

but he can illegally stay with the lady,have kids having rights equal to a legitimate son..even his mistress can ask for maintenance if they had a Domestic relation..a wife can no file adultary case on husband..only she can file divorce on that ground..


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