Can a Man Marry Two Wives Legally in India?

If a man is already married, can he legally marry again in India? This is a critical legal question, and the answer is not a simple yes or no. For those asking can a man marry two wives legally in India, the legality depends entirely on which marriage law applies to you, including your religion, civil statutes, and specific state rules. While Indian law generally promotes monogamy, there are distinct variations in how different personal laws treat second marriages. It is vital to understand that contracting a second marriage while the first spouse is still living and the divorce has not been granted is often treated as a serious legal violation. In most cases, such a marriage is considered void ab initio, which means it has no legal validity from the start. Beyond the invalidity of the marriage, the husband can face severe consequences, including criminal punishment under the Bharatiya Nyaya Sanhita (BNS). This guide explains the law in simple terms with bare-act references and key judgments. We will break down how the Hindu Marriage Act, Muslim Personal Law, and the Special Marriage Act govern these situations so you can clearly understand the legal reality in 2025.

Can a Man Marry Two Wives Legally in India?

For the vast majority of Indian citizens, including those married under the Hindu Marriage Act, Special Marriage Act, or Parsi Marriage and Divorce Act, a second marriage while the first spouse is alive is strictly illegal. In these cases, the second marriage is considered void, meaning it has no legal standing from the moment it is performed. Furthermore, entering into such a marriage is a criminal offense. Under Section 82 of the Bharatiya Nyaya Sanhita (BNS), which has replaced the old IPC Section 494, the offender can face imprisonment of up to seven years and a fine. If the person conceals the first marriage from the new spouse, the punishment can extend up to ten years under Section 82(2). Under Muslim personal law, the legal position is different but increasingly regulated. While a Muslim man is permissible in principle to have up to four wives, this right is not absolute. Recent court judgments in 2024 and 2025 have stressed that this permission is conditional on the husband's ability to treat all wives equally, which courts often deem practically impossible. Additionally, state-specific laws are changing the landscape. For instance, the Uniform Civil Code (UCC) in Uttarakhand now explicitly bans polygamy for all residents, including Muslims, and similar legislative moves in states like Assam are challenging the traditional application of personal laws.

Religion-wise legality

To determine if a second marriage is a crime or a valid union, one must look at the specific personal law governing the individual. While general criminal law penalizes bigamy, the definition of a "valid" first marriage comes from these religious and civil codes.

If you are married under the Hindu Marriage Act, 1955

For Hindus, Sikhs, Jains, and Buddhists, the law strictly enforces monogamy. Section 5 of the Hindu Marriage Act lists "neither party has a spouse living" as a mandatory condition for a valid marriage. If a man marries again while his first wife is alive and not divorced, the second marriage is void ab initio (invalid from the start). This violation directly attracts Section 82 of the BNS, making the husband liable for imprisonment of up to 7 years and a fine.

If you are married under the Special Marriage Act, 1954 (court marriage)

The Special Marriage Act (SMA) is a secular law applicable to all citizens regardless of religion. Under Section 4 of this Act, monogamy is a non-negotiable prerequisite. Any second marriage contracted while a marriage under this Act is subsisting is null and void. The penalties for bigamy under the Bharatiya Nyaya Sanhita apply with full force here, just as they do for Hindu marriages.

If you are Parsi (Parsi Marriage & Divorce Act, 1936)

Parsi law is equally stringent regarding monogamy. A Parsi man cannot legally contract a second marriage while his first marriage is valid and subsisting. Such a marriage is invalid, and the husband is subject to the same criminal penalties for bigamy as defined in the penal code.

If you are Muslim (Muslim personal law)

Under traditional Muslim personal law, a man is legally permitted to have up to four wives simultaneously. However, this is not an unconditional license. Indian courts, including recent judgments from the Allahabad and Kerala High Courts (2024–2025), have strongly emphasized that this permission is subject to the Quranic injunction of treating all wives with absolute equality and justice. Courts are increasingly ruling that if a man cannot prove his capability to treat wives equally- financially and emotionally- the second marriage can be scrutinized, and legal protection may be denied in disputes.

Critical caution: Conversion to Islam to remarry

A common but legally dangerous misconception is that a non-Muslim man can simply convert to Islam to legally marry a second wife. The Supreme Court, in the landmark Sarla Mudgal judgment, firmly closed this loophole. The Court ruled that a marriage solemnized under the Hindu Marriage Act can only be dissolved by a decree of divorce under that same Act. Converting to another religion does not automatically dissolve the first marriage. Therefore, if a Hindu man converts to Islam and marries again without divorcing his first wife, the first marriage remains valid, and the second marriage is void. He will still be prosecuted for bigamy under Section 82 of the BNS.

State-wise exceptions and recent developments (2024–2025)

While the Bharatiya Nyaya Sanhita (BNS) provides a central framework for criminalizing bigamy, individual states have recently enacted their own laws that override personal religious codes. These developments mark a significant shift towards a uniform application of marriage laws across different communities.

Uttarakhand Uniform Civil Code (UCC) angle

The Uttarakhand Uniform Civil Code Act, 2024, which began implementation in January 2025, has fundamentally changed the marriage laws for residents of the state. This code explicitly mandates that "neither party has a spouse living" at the time of marriage. This provision applies to all residents regardless of their religion, effectively banning polygamy for Muslims and other communities within Uttarakhand. Under this law, any second marriage contracted while the first spouse is alive is void, and the specific protections previously claimed under personal laws are no longer valid in the state.

Assam’s polygamy ban

In late 2025, the Assam Legislative Assembly took decisive action to end the practice of polygamy in the state. The state government moved to repeal the Assam Muslim Marriages and Divorces Registration Act, 1935, and introduced strict new legislation to penalize multiple marriages.

• The Assam Prohibition of Polygamy Bill, 2025 was passed by the Assembly to criminalize polygamy across all communities.
• The Bill imposes imprisonment of up to 7 years for entering into a bigamous marriage and up to 10 years for concealing a previous marriage.
• It specifically aims to prevent the misuse of personal laws to justify multiple wives.
• Status Update: As of late 2025, the Bill has been passed by the Assembly and is awaiting final assent and notification for official commencement.

Goa Civil Code Context

Goa operates under a unique legal system known as the Portuguese Civil Code, 1867, which acts as a uniform civil code for the state. While it generally enforces monogamy for all Goans, there are rare and specific provisions that theoretically allow a Hindu husband to take a second wife under strictly defined circumstances, such as the absence of a child after many years of marriage. However, these exceptions are archaic, heavily regulated, and almost never granted in modern practice. It is best to view Goa as a state-specific framework that strictly prioritizes monogamy.

What happens if a man marries again without divorcing the first wife?

Entering into a second marriage while the first is still subsisting is not just a procedural error but a serious offense with distinct criminal and civil repercussions. The law treats this act severely to protect the rights of the first spouse and the sanctity of the institution of marriage.

Criminal consequences (bigamy)

Under the new criminal laws of India, specifically Section 82 of the Bharatiya Nyaya Sanhita (BNS), bigamy is a punishable offense. This section states that whoever marries again during the lifetime of their husband or wife, while the first marriage is valid, shall be punished. The imprisonment can extend up to 7 years, along with a fine. The law becomes even stricter if the man conceals the fact of his first marriage from the woman he is marrying. In such cases of deception, the punishment under Section 82(2) can extend up to 10 years of imprisonment plus a fine. It is important to note that this is a non-cognizable offense, meaning the police typically require a warrant or a court complaint to take action, but the penalties are severe upon conviction.

Civil consequences

Apart from jail time, the second marriage faces immediate civil consequences. Under the Hindu Marriage Act (Section 11), the Special Marriage Act (Section 4), and the Parsi Marriage and Divorce Act, a second marriage performed while the first spouse is living is void ab initio. This means the law treats the marriage as if it never existed. Because the marriage is void, the second "wife" generally does not get the legal status of a wife. She usually cannot claim inheritance rights to the husband's property or claim maintenance as a legally wedded wife, although recent court judgments sometimes allow for maintenance if she was kept in the dark about the first marriage. However, children born from this void marriage are considered legitimate and have rights to their parents' property.

"But we did not register it, does it still count?"

A common misconception is that if a second marriage is not registered with the government, it is not "official" and therefore not a crime. This is incorrect. Indian courts do not rely solely on a marriage certificate to prove bigamy. Instead, they look at whether the essential religious ceremonies required for a valid marriage were performed. For example, in a Hindu marriage, if the 'Saptapadi' (seven steps around the fire) and other key rituals were conducted, the court considers it a valid marriage for the purpose of prosecution, even without a registration certificate. While registration makes it easier to prove the offense, the lack of it does not automatically protect a man from bigamy charges if there is evidence (like photos, videos, or witness testimony) that the wedding ceremonies took place.

Conclusion

To answer the critical question, can a man marry two wives legally in India, the law in 2025 is clear: for most citizens, including Hindus, Christians, and Parsis, it is strictly prohibited and treated as a serious criminal offense. A second marriage performed without a legal divorce is void ab initio, meaning it has no legal standing from the start, and the husband can face up to seven years in prison under the Bharatiya Nyaya Sanhita. Even under Muslim personal law, where polygamy was traditionally permitted, recent judicial rulings and state-specific Uniform Civil Codes, like in Uttarakhand, have severely restricted or outright banned the practice to ensure equal rights. Therefore, attempting to marry again while your first spouse is alive is legally dangerous. The courts do not accept religious conversion or the lack of a marriage registration as valid defenses against bigamy charges. The only safe and legal route is to obtain a formal decree of divorce from the court before entering into a new relationship, ensuring you protect yourself from long-term legal consequences.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Please consult a qualified Advocate for guidance on specific cases.