Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dinesh (NA)     17 September 2013

What to do to marry with 2nd wife without divorcing 1st wife

Hi... I am hindu, and married with hind wife with the formalities of our society.... But there is no legal document i.e we havn't still registered our marriage and we are having 2 children... But Now I want to marry with other woman, who got divorced from his first husband. She is also hindu.. Now tell me what should I do, if I want to marry with the 2nd woman. Please give me the valuable and legal guidance, such that I can marry with 2nd one, and I also assure that there will be no problem with 1st one... I don't want to divorce the 1st wife... Hoping for your early and valuable guidance... Regards...


 6 Replies

Ranee....... (NA)     17 September 2013

Social marriage is a valid marriage.You need to take divorce from court to get married again.

laxmi kant joshi (instructor)     18 September 2013

According to HMA second.5(I) you can't re marry to 2nd wife, during The life time of 1st wife .if you do so then The second marriage be came null and avoid ,and on making complaint by 1st wife a criminal case of bigamey u/s 494 ipc will be imposed upon you ,and if you can't disclose your 1st marriage to your 2nd wife whom you want to marry she will file u/s495 ipc (concealment of 1st marriage from The person with whom subsequent marriage is contracted)against you and you become in trouble so forget about 2nd marriage and be loyal to 1st wife and a good and responsable father of your kids.

Adv. Neha ( )     29 September 2013

Agreed with Ranee. You will have to get divorce from your first wife to marry 2nd one.

HariOm HariOm (Technical Head)     10 October 2013

On a lighter note but serious as it is, you can become a muslim, then you'll be able to marry 2 more, apart from this divorcee and your present wife!


Unless you are filthy rich, multiple marriages tend to make your life hell. The wives will fight, the children will end up ganging against each other, then there will be fights over inheritence.


Why do you want to take upon yourself such a headache? Does your wife and this divorcee both know about your plans? 


R Trivedi (     28 October 2013

Good, if the first one is not complaining.. In fact all Rajahs and maharajahs had many many wives, so having two is not a problem at all. How to do it and how to stay away from legal clutches : Ask M Karunanidhi. Because you do not want to divorce the first one. 

Northern Queen (Manager)     30 October 2013

@Dinesh - It sounds like you just want your cake and eat it too! Leaving your first wife and children without the formalities of a divorce is the easy way out.

In my opinion, your first marriage is legal under HMA 1955.  Remarrying again during the lifetime of an existing husband or wife is illegal and carries the offence of Bigamy, which is punishable under section 494 IPC - it carries a jail sentence of upto 7 years..

If you do remarry, your second marriage will be null and void, and if your new wife doesn't know you didn't divorce your first wife, then that brings in a charge of IPC 495 (concealment of a former wife) and a 10 year jail sentence.

You should seek a divorce under mutual consent - and pay your first wife maintenance for her and the children, and also give her a decent settlement - because if you don't, then you may just end up with a charge of ICP 498a and Domestic Violence Act instead.  These will go on for years.  If she becomes a 498a troll wife, then god help you.

I hope you havn't committed adultery either - that's a charge of IPC 497. 

You'll be racking up loads of offences and they may just throw the book at you!

 Do yourself a favour - go and see a reputable Advocate and do the right thing - get a divorce.

Good luck - your going to need it!

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