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Bhaskar (se)     14 January 2010

second marriage without divorce

If first wife accept for second marriage with written document, second marriage without divorce is legal or not? If it is legal, then which type of written document need from first wife? Please give me complete details about document.


 19 Replies

Suchitra. S (Advocate)     14 January 2010

There is no other way other than getting a legal divorce for the purpose of getting a second marriage. If she is ready to give a written acceptance, why cannot she get divorce instead?

Anish goyal (Advocate)     14 January 2010

Wife's consent is not relevant. Even if wife agrees second marriage will be void

Dilip Kumar Borah (Manager-Land)     14 January 2010

 Even if the wife consented for her husband's second marriage, it would be treated as illegal.  

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 January 2010

yes, mr goyal &mr. borah right.

Arvind Singh Chauhan (advocate)     14 January 2010

Agree with all above expert.

Hardik Mehta (Family Counsellor)     15 January 2010

The second marriage will be void, but this can save your from bigamy in future if your first wife tries to put the same. The government or the police will not do anything and put the charges of bigamy until the first wilfe puts the charges. If you are still marrying, then its upto your risk.

1 Like

Nali Seshu Kumar (SOCIAL WORKER)     15 January 2010

divorce on document is void.

1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 January 2010

mr nali - what is divorce on document?

Suchitra. S (Advocate)     16 January 2010

Divroce on document means NOC obtained by the spouse ...  :)

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 January 2010

a spouse do not have right to give such noc; hc/sc already cleare the matter; still then if they do such that is a void one.  the person giving noc have the right to have a mutual divorce,u/s 13bHMA

yes, there is a point that in case of second marriage, crpc gave power to first wife to complain, if that power is sized by virtue of any legal act like contract or anything else then the accused may get relief.

but the court already cleared that the spouse do not poses such right.


Disolving first marriage second marriage is void and punishable under Sec.494, 495 IPC.

Please read as without disolving first marriage, second marriage is void and punishable under Sec.494, 495 IPC.

DR.SANAT KUMAR DASH (Eye Specialist)     22 January 2010

 Second  Marriage  is  un ethical  as  well  as  illegal   in  the  lifetime  of   First  wife.  Obtain  a  Divorce  first.

sunildatta akole (advocate)     26 January 2010

Yes, without getting divorce from first wife, second marriage is void. and is also punishiable u/s. 494 & 495 of IPC. and a document or contract which is against law having no weightage in law. so it is better to take divorce from first wife.

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