Second Marriage Without Divorce
I got married to my wife in 2014. Out of the constant quarrels, I got married to another woman without getting a divorce from my wife. Now, she and her family want to take a legal action against me. I have accepted my mistake but they want to file a ... Read More
I got married to my wife in 2014. Out of the constant quarrels, I got married to another woman without getting a divorce from my wife. Now, she and her family want to take a legal action against me. I have accepted my mistake but they want to file a complaint against me. What can I do?
- Sector-1, Noida
Under the Hindu Marriage Act, you cannot marry for a second time without divorcing your first wife. Such second marriage is illegal and is void ab initio, i.e, from the very beginning. Moreover, your first wife has the right to file a criminal complaint for bigamy against you. In order to marry again, you must divorce your first wife and you must hire the best divorce lawyers in India for this purpose. Accepting your mistake does nothing to dissolve you of the crime and your first wife and her family has every right to take legal action against you.
Bigamy is an offence under Section 494 of the IPC as well as under Section 17 of the Hindu Marriage Act. Bigamy is also a ground for divorce under the Hindu Marriage Act. Under Section 17 of the Hindu Marriage Act, when two Hindus enter into a marriage and any of the parties marry again during the life time of the first spouse, the second marriage is considered to be void. It leads to liability under Section 494 and Section 495 of the IPC. Section 494 prescribes imprisonment for a period up to 7 years and may also incur a fine.
Also, under Section 495 of IPC, if the second marriage has been entered into without informing to the second spouse of the existence of the first spouse, it may result in imprisonment up to 10 years and may also incur a fine.
Hiring the best divorce lawyers in India to help you get a divorce is your best recourse. If you have been subjected to bigamy by your spouse, you may hire the best criminal lawyers in India to help you file a complaint against the same. You must seek immediate legal help from the best lawyers in the country through Legistify.com.
Answered on 28 Sep 2018
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