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Akanksha Banerjee (First Year LLB Student)     02 July 2014

Special marriage act - remarry without divorce

A married B under Special Marriage Act in a particular state. The marriage is registered but they doubt the validity. Can they remarry and re register in a different state without divorce?

 

When I was asked this question, it made no sense to me. If they doubt the validity of the first marriage, they should check and if it is not valid, they can absolutely remarry. If the first one is valid, they need not and they cannot.

 

Is there a way of verifying and perhaps rectifying the process of the first marriage itself?

 

Is there a catch I am missing in this scenario?

 

Would really appreciate some guidance.

 

Thank you in advance.



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     02 July 2014

Marriage solemnised under special marriage act is a valid marriage, if any of spouse re marry without taking any divorce will be charged under a criminal offence of bigamy u/s 494 ipc and the second marriage will be treated as null and void u/s 24 of SMA .

Advocate Bhartesh goyal (advocate)     02 July 2014

Mr Joshi is absolutely right .I agree with him.


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