Remarriage without divorce

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. 

It is not legally possible. Marriage by a Hindu during the subsistence of his/her first marriage amounts to bigamy which is punishable with an imprisonment of up to 7 years u/s 494 IPC.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

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..