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sathya (FINANCE EXECUTIVE)     22 June 2008

second marriage

whether one can go for second marriage with out divorce if so what are the consequence one have to face in court of law(hindu family law)



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 30 Replies

Kiran Kumar (Lawyer)     22 June 2008

no u can not enter into second nupital knot without divorcing the first spouse....such a marriage will be null and void and simultaneously u ll end up commiting an offence under section 494 of IPC. The punishment for bigamy is 7 yrs and fine (non bailable offence).


so would u like to go ahead?

Srinivas.B.S.S.T ( Advocate)     23 June 2008

As my friend said if you are going for that you are inviting your own end

kumar sachin (lawyer)     23 June 2008

i am totally agree with mr. kiran.

K.C.Suresh (Advocate)     23 June 2008

No. But you can have a secon marriage facing legal consequences in civil and criminal law. How ever your second marrige children are legaly eligible to get a share in your wealth.

arunprakaash.m. (advocate)     23 June 2008

legitimate and illegitimate chidrens are eligible to succeed the properties of the father.

Guest (n/a)     09 July 2008

marrying again during life time of spouse is void marriage,& if any partner who is not wrong can go for section 494IPC.ie bigamy.Note this is case with hindu marriage only & not for muslim marriage.children born out of such void marriages have the same rights of valid marriage.

Guest (n/a)     09 July 2008

marrying again during life time of spouse is void marriage,& if any partner who is not wrong can go for section 494IPC.ie bigamy.Note this is case with hindu marriage only & not for muslim marriage.children born out of such void marriages have the same rights of valid marriage.

Tribhuwan Pandey (Advocate)     06 August 2008

Without granting divorce  decree  second marriage is  illegal  and on the complaint of first wife the second marriage can be declared illegal/voidable.


the bigamy is punishable under Section 494 of Indian Penal Code

rajvinder (lawter)     06 August 2008

no you are not allowed to marry 2nd time if your first spouse is ,living or has not divorced you.you will be prosecuted for bigamy under section 494 ipc .moreover first spouse can take dicorce from you on this ground.2nd marrige is void marrige .

azmathullah (Accounts Manager)     15 August 2008

whether this law applicable to Muslim, Second marriage is applicable to muslim also.


 


 

Aftab4u (PVT EMPLOYEE)     27 December 2008

Dear Sirs,


Pls suggest if it is of Muslim Act ?


Thanks


Aftab


 


 

Srinivas.B.S.S.T ( Advocate)     27 December 2008

 Section 494 doesnot apply to Muslim Law. Muslims and entitiled to have four(4) wives. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 December 2008

I do agree with all my friends.

Vijay Raj Mahajan (Advocate)     27 December 2008

Mr.Kiran Kumar since when offence of bigamy punishable under section 494,495 of the Indian Penal Code have become non-bailable offence? Better check the Schedule 1 of the Criminal Procedure Code before stating any legal provision here. Now as far what happens if without obtaining dissolution of the existing marriage by decree of divorce/annulment, a Hindu marries second time, all most all have stated about the offence of bigamy, but here the very fact that this offence of bigamy can be complained by the aggrieved wife or complaint may be made on her behalf by her father, mother, 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. Now this is very important point here, if none of these person named above as provided under section 198 of the Criminal Procedure Code files the complain against the Hindu husband who has committed this offence then what happens? Nothing he keeps both wives although his second marriage during the lifetime of his first subsisting will be void as clearly provided under section 5, 11, 17 of the Hindu Marriage Act, 1955 as happened in so many such cases, but the children born out of the second marriage will be legitimate as provided under section 16 of the Act. I don't understand why everyone start singing song of offence of bigamy & start stated provisions of section 494 I.P.C, did any of the Advocates answering the question ever represented a party for this criminal complaint of bigamy? My very first criminal case was that of bigamy which I represented the party up to the Supreme Court of India (i.e. 4 courts altogether) & the aggrieved wife could not get the husband punished for the act of bigamy.


 


 

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