Indian law for second marriage without divorce.

Marriage is a significant life decision; some believe that if you marry the right person, your life will be wonderful, while others say if you marry the wrong person, your life will be a living nightmare. The cultural values state that marriage between two people lasts for seven lives, and it is unethical to get married twice.

In Indian culture, divorce was frowned upon. Even if a married couple isn't content with their marriage or finds it difficult to coexist, society opposes divorce, so they must continue to live together.

What "dispose of" in a divorce lawsuit entails will be covered in this blog post. How can a second marriage be conducted amicably? What must a wife do to be married again without divorcing her first husband? How often are second marriages without divorce, and may women be remarried without getting a divorce?

India is renowned for its diverse culture and ability to change its language and culture nearly every five to six kilometers. Since there are so many different religions in India, many personal laws have their laws, and some of them also have laws addressing marriage. While multiple marriages are permitted in various religions, the governments only permit single marriages.

Indian Laws Regarding Second Marriage Without Divorce

People often ask, "How to do a second marriage without getting a divorce from the first spouse?" However, under Section 494 of the Indian Penal Code (IPC)/ BNS Section 82, such a marriage is illegal. Entering into a second marriage without legally ending the first is considered bigamy, which is a criminal offence in India. It is punishable with imprisonment of up to seven years and a fine.

In a recent judgment in the case of Baba Natarajan Prasad v. M. Revathi (2024), the Supreme Court sentenced two individuals to one year of rigorous imprisonment for committing bigamy under Section 494 of the IPC. The Court emphasized the importance of proportional punishment for serious offences like bigamy and rejected any leniency in sentencing, highlighting its broader societal impact.

Let's understand the laws, including provisions related to second marriage.

The Hindu Marriage Act:

• Monogamy is mandatory. Section 5(i) says that for a valid marriage neither party should have a living spouse.
• A marriage performed during the subsistence of an earlier marriage is void under Section 11.
• Section 17 makes such conduct punishable (now read with BNS 82 instead of IPC 494/495).
• Remarriage after divorce: Only after the decree is final and Section 15 conditions are met (i.e., appeal period is over or appeal dismissed).

If your divorce is fresh, wait out the appeal window or get a specific court order clarifying finality before you marry again.

Criminal law (what replaced the IPC)

• BNS Section 82: Marrying again during the lifetime of a spouse is punishable up to 7 years + fine.
• If the earlier marriage was concealed from the new spouse, punishment can go up to 10 years + fine.
• The second marriage itself is void.

Indian Penal Code

Bigamy, a criminal offense, is committed if a person marries while his or her spouse or wife is still alive, according to Section 494 of the Indian Penal Code. In accordance with Section 415 of the Indian Penal Code, the husband or wife may also disclose suspicions of infidelity.

Evidence Act

• The “7‑year rule” now sits in BSA Section 111 : if a person hasn’t been heard of for seven years by those who would naturally hear from them, the burden shifts to prove they’re alive. Families often rely on this to get a declaration of presumed death.

Parsi Marriage and Divorce Act

• Section 5 penalises bigamy for Parsis; marriages contracting during a subsisting marriage are void. (BNS 82 now supplies the punishment framework.)

The Christian Marriage Act:

• Christian marriages are governed by the Indian Christian Marriage Act, 1872 and divorce/relief by the Indian Divorce Act, 1869. Monogamy applies; a second marriage while the first subsists is void, and BNS 82 applies for the criminal offence.

Special Marriage Act:

• Section 4(a) requires both parties not to have a living spouse.
• Void marriages (Section 24): a marriage is void if a party had a living spouse at the time of the ceremony.
• Sections 43- 44: bigamy under SMA is punishable (read with BNS 82 now).

Muslim Law:

• Under uncodified Muslim law, a Muslim man may have up to four wives (subject to strict conditions of equal treatment).
• But if the marriage is done under the SMA, monogamy applies — a second marriage without ending the first can trigger BNS 82.
• State note: Some states (e.g., Uttarakhand) have introduced a Uniform Civil Code that bans polygamy within the state; always check the local position before acting.

People Also Read : Bigamy Laws In India

Bigamy Penalties Under Different Laws:

Hindu Marriage Act:

Bigamy is punishable under Section 17 of the Hindu Marriage Act, which specifies that it would be treated as a criminal offense and subject to provisions of Sections 494 and 495 of the Indian Penal Code.

Indian Penal Code:

According to Section 494 of the Indian Penal Code, bigamy is punishable by up to seven years in prison, a fine, or both. According to Section 495 of the Indian Penal Code, anyone found guilty of bigamy for concealing their first marriage faces a sentence of up to 10 years in prison, a fine, or both.

When is a second marriage legal?

You’re clear to remarry only if one of these is true (and final):

• You have a final divorce decree and the appeal period has run (or the appeal is dismissed).
• You have a decree of nullity/annulment for the first marriage.
• Your spouse has died (produce the death certificate) or a court declares presumed death under BSA 111 (after 7 years’ no‑news).

Judicial separation is not divorce. It doesn’t dissolve the marriage; you cannot remarry on that basis alone.

Criminal risk & proof basics

• Criminal case standards are strict. To convict for bigamy, the prosecution must prove:
  a) your first marriage was valid and subsisting, and
  b) your second marriage was validly solemnised (i.e., essential ceremonies/customs actually performed).
• Mere cohabitation or admission isn’t enough. If the second ceremony didn’t satisfy essential rites (or needed customs weren’t followed), bigamy may not be made out — though the “second marriage” may still be civilly void.

Legal Rights for Second Wife:

• If the second marriage is void, the woman isn’t a “legally wedded wife” in the strict sense.
• However, courts have protected women deceived into such marriages:
• • Maintenance has been granted under Section 125 CrPC (now BNSS equivalent) and under the Domestic Violence Act, especially where the woman reasonably believed she was lawfully married.
  • Long‑term live‑in relationships “in the nature of marriage” can also attract protection and maintenance.
• Children from void/voidable marriages are legitimate. They can inherit their parents’ property (self‑acquired and the parents’ share in HUF/coparcenary on notional partition). They don’t get rights against other coparceners’ shares.

Status of Children Born from Second Marriages:

According to Sections 11 and 16 of The Hindu Marriage, children born from void marriages will be treated as legitimate since if their parent's marriage had been legal, so would the kid they would have had as a result. The child has a lawful and legitimate right to all of his or her father's or mother's property, except for the ancestral joint family property, because the child is legitimate.

Conversion for Second Marriage:

Whenever something is prohibited by law or legal requirements, there are always loopholes. In this case, a loophole exists because, while bigamy is illegal under Hindu law, second marriages without divorce are legal under Islamic law, attracting those who wish to remarry without leaving their first partner. However, the law ensures that no law enacted by them is misapplied or ignored, hence it is clearly stated that conversion for a second marriage is prohibited under a case;

In Sarla Mudgal v. Union of India & Ors, it was determined that one personal law could not be used to annul a marriage that was conducted in accordance with another personal law. A person will be punished under section 494 of the Indian Penal Code if they convert themselves in order to get married a second time. In this case, the marriage will be deemed null and void.

The Parsi Marriage and Divorce Act contains a clause that stipulates that, even if the individual converts himself, they would still be subject to Parsi law. Since bigamy is illegal under Parsi law, conversion is not an option for second marriages without divorce.

In a divorce case, what does "dispose of" mean?

Court cases have a status that informs the relevant parties and legal authorities about their case. For instance, the case will be considered "active" if it is still pending and the judge has not yet rendered a decision or issued a decree, and it will be considered "disposed of" if these actions have been completed. Divorce cases are also classified as "disposed of" when the judge issues the decree or judgment. In other words, the divorce case with the status of disposed of is in the process of being finished and the matter is now closed.

Who is eligible to submit a complaint to nullify a second marriage? How might the second marriage be nullified?

If a man marries again while his prior marriage is still in effect, the second wife may file a petition to have their marriage declared null and void. A marriage may also be declared void by the person who married the person to whom it was already legally consummated. The first wife can file for divorce on the grounds of bigamy, but she cannot file a case to declare the marriage null and void.

How to file a divorce case?

The other spouse may file for divorce on this basis if the other has committed bigamy by following the instructions below:

• Contact a divorce lawyer who specializes in divorce cases
• After carefully considering all relevant information, he or she will create a legal notice that specifies your desire to file for divorce on the basis of bigamy and requires the signatures of both the parties and the attorney.
• In the family court, petitions will be filed based on the relevant facts, and the court will set the hearing date.
• On the date of the hearing that has been specified, the parties must appear.
• The judge will issue the decree after hearing the supplied information and supporting evidence.

Also Read : Can a Woman Remarry Without Divorce in India? Legal Consequences and Implications

Conclusion

Second marriage without a divorce is unlawful in India unless it is specifically permitted by personal law or custom. The majority of marriages in India are conducted complying with personal law, and either there is a specific provision that declares a second marriage invalid while the first marriage is still in force, or there is another provision, such as one found in Christian law, that indirectly declares the second marriage invalid.

While it is apparent from Parsi and Hindu law that a second marriage is invalid, four marriages are only permitted under Muslim law if the husband can treat each wife equally and with respect. A woman can only get married again when her previous marriage dissolved; it cannot happen before. And the case will become "disposed of" once the divorce is finalized and the decree has been approved.

For a more detailed understanding of the laws governing marriage offences in India, including bigamy, adultery, and other related offences, you can read the comprehensive guide on offences relating to marriage.

About the Author:

Adv. SK DUTTAis a highly skilled Banking & Finance, Legal, Family law and Company Secretarial Professional with 32 years of experience. He is a part of the senior management team for strategic business decisions, including Legal financial and regulatory reporting, budgeting, forecasting, and balance sheet management. He is the first contact person for managing relationships with regulators, investors, and Lenders to deliver on the Company’s strategic intent. He also provides tax advice along with coordination with Group Tax and local tax advisors to support the effective management of local tax liabilities.