First you need to know if second marriage is a crime then only then you can clearly understand when second marriage should be done. If people know the clear details about second marriage, they can avoid the dangers.

Is second marriage a crime?

If a married husband or wife enters into another marriage after their married life, that marriage is void.

And if the husband or wife marries another person after the marriage, he will be punished for the crime of adultery.

It is an offense under the law if a person consents to a second marriage by concealing the first marriage in his life.

Section 494 of the Indian Penal Code punishes the person who commits an unlawful second marriage.

Remarriage while the married husband or wife is still alive is invalid. Because it takes place during the life time of the husband or wife and it is against Indian law that married people marry a second time without divorce and it is a crime of bigamy. For this punishment will be given under Section 494 of the Indian Penal Code. This offense is punishable with imprisonment of up to 7 years and fine.

Also click on this link to know more about whether second marriage is a crime.

Second Marriage Legal Advice

When is bigamy proven?

1) Offender must be married to another person. Proof of bona fide marriage is required. Here the first marriage must be valid.

If the first marriage is not valid under the law when both the parties are investigated then no offense is committed by entering into the second marriage.

And the second marriage must have been duly solemnized according to the customary laws of both the parties.

The validity of a second marriage depends on the religions and domicile of the parties and the fulfillment of certain essential religious marriage rites.

For example :

According to the Supreme Court, a second marriage based on cultural customs and ancient family customs is valid and the person will not be punished.

2) According to Indian law, the person to whom the first marriage is married must be alive on the date of the second marriage.

3) The second marriage should be celebrated like the first marriage and should be valid. Also in this Act concubinage i.e. concubinage, concubinage etc. will not be a second marriage.

Who are guilty of second marriage?

A priest who conducts a second marriage is punishable as an accomplice under Sections 494 and 109.

However, the persons who agreed to attend the second marriage or who gave place to the marriage at home are not accomplices to the marriage.

When can you get married for the second time?

1) It is not an offense for a married couple to marry a second time if the first marriage has been declared void by a court of competent jurisdiction and subsequently divorced.

2) A married husband or wife can marry a second time if the whereabouts of the former husband or wife are not known for about 7 consecutive years or if there is no information about him or her being alive for about 7 years.

Also, the life partner who is going to get married for the second time should have been told about the first marriage.

3) Second marriage in India can be done if the first marriage is dissolved after filing a divorce case in a competent court and obtaining a divorce decree.

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