These article will provide a comprehensive explanation of various doubts people have about second marriage.
How is second marriage a crime under the law?
In India, if a husband or wife remarries after their married life without obtaining a divorce, it is void and an offense under the law.
If the husband or wife enters into a second marriage without divorce after the first marriage, the husband or wife becomes guilty of Bigamy.
It is an offense under the law if a married person consents to a second marriage by concealing the first marriage of his life.
What is the punishment for marrying a second wife without obtaining a divorce?
For committing a second marriage while the first wife or husband is alive, the offender shall be punished with imprisonment for seven years and with fine, or with both.
Legal Explanation :
Remarriage and second marriage while the husband or wife is still alive without obtaining a divorce shall not be valid. The reason is that second marriage during the life time of the first husband or wife without obtaining a divorce is an offense under the Indian Penal Code Section 494.
When is the offense of bigamy proved?
1). The offender must be married to another person. Proof of a bona fide marriage is required and the first marriage must not have been divorced. If the first marriage is not valid there is no offense by entering into a second marriage.
2). On the date of the second marriage, the person who married the first must be alive and it is also an offense if he is not divorced.
3). The second marriage should be celebrated like the first marriage. Similarly, if you have a fake girlfriend, you will not get married.
A decree of divorce dissolves the first marriage. Remarriage after dissolution of marriage is not a crime.
Who will be punished for second marriage?
If a second marriage is solemnized while the first husband or wife is still alive without obtaining a divorce, the solemnizers and the priest shall be arrested as accomplices and punished under Sections 494 and 109.
Can you get a second marriage after missing your husband for seven years?
Currently, most cases in the courts are related to married husband and wife problems. From this we will find the answer to an important issue in this post.
The laws mentioned below provide a solution to this confusion.
If one of the spouses is not known to be alive for more than 7 years, it can be accepted as a ground for divorce under Section 13 of the Hindu Marriage Act. And the reason for the above matter is legally accepted based on the Indian Marriage Act and Muslim Marriage Acts.
It is an offense under the law to enter into a 2nd marriage without any information about a spouse for up to 7 years, assuming that he is not alive.
A person who claims to have no information as to whether a spouse is alive for up to 7 years must first prove his claim under Section 108 of the Indian Evidence Act.
It is a crime to marry immediately after the disappearance of the spouse or even after 7 years. 2nd marriage should not be performed because there is no information about the spouse for 7 years.
If the spouse is missing for 7 years, then for the 2nd marriage, divorce must be obtained through a competent court stating the details of the disappearance.
Without doing so the claim of 2nd marriage simply because the spouse has disappeared for 7 years is not admissible.
And the Punjab and Aryana High Court has ruled that such a marriage is legally void. To know about this judgment, I have posted its information below and you can see it and know the full judgment for it on the websites.
Details of judgment :
F. A. O. NO – 246-M /2009 & F. A. O. NO – 309-M/2003, DT – 03.08.2015, SAWRANJIT KAUR Vs LT. COL. Avtar Singh and others (2016-2-DMC-478)
What is the punishment for wrongful second marriage?
It is void if a husband or wife remarries after their married life without obtaining a divorce. If this is done, the husband or the wife will be guilty of Bigamy.
It is an offense under the law if a person consents to a second marriage by concealing the first marriage of his life.
Now let’s see what the punishment is for such a mistake :
The punishment for this is imprisonment for 7 years and fine. Other grounds are imprisonment for 7 years and fine.
Description :
If any person remarries while the undivorced husband or wife is still alive, it shall not be valid. Bigamy is a crime because it takes place during the lifetime of either the husband or the wife. (Section 494).
When is second marriage not a crime?
It is not an offense for a person to marry a second time if the first marriage has been adjudged by a court of competent jurisdiction to have been divorced.
The other person may remarry if no information is known about the previous husband or wife’s whereabouts or whether they are still alive. But divorce must be obtained through a competent court stating the missing details.
During the second marriage in India the spouse of the second marriage must be told about the first marriage and consent is obtained.
People living in India cannot get second marriage without getting divorce from first marriage. A second marriage can only be obtained after obtaining a legal divorce. So it is better to get married after getting a legal divorce.