2nd marriage without divorce /??

Dear Satnam

read carfully

Marrying again during lifetime of husband or wife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,

nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.

State Amendment

Andhra Pradesh

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable

It is enough if your wife makes a complaint to the police that you have married for the second time without getting the divorce.  She need not provide any proof.  The police will come and verify.  If your second wife says that she is married - the police will get the proof from her and take action against you.  If she says that she is not married then she will be putting her own life/marital status in question.  Even by making enquiries in the neighbour hood if the police comes to the conclusion that you both are married, then the police will make further enquiries and find out whether you are actually married or not and then will take action against you.

Mr. Nadeem has already indicated the punishment for the said offence.   

@ Satnam- The legal advice would be not to marry without seeking divorce as you will be charged for 'Bigamy' in case it is proved by the other party that you are married. As your current wifes family would not let you live in peace if they come to know you have remarried.

The other thing is that sometimes people do get married without divorce as these cases are never ending but in that case they live far away from their original place of origin and knowone is able to know the fact of their remarriage. It is not possible that you keep on living in the same house and get re-married.

There is no legal way to re-marry without seeking divorce.

bilkul Santa Singh......!!!!!!!!

as if whole world is fool..ha ha...~!!!

You ought to have waited till you obtain your divorce decree...

Now you have added fuel to the fire set by your 1st wife..

A  father of 7 (unmarried daughters and 4minor sons) children and wife without any knowledge to them about his marriage  married  to other lady who is actually a physico women  can she get equal share in the property  according to indian law and sheriya what willl be the solution  please solve my problem. please guide me  with reply

take legal advice , this things cannot be kept hidden for long..dont play around with law..

My advice...just don't marry.

Dear All,

I want to ask you that in this situation when police came for inquiry can lady told that we have not married but we are friends and living in "live-in relationship".Is it valid statement?

Law and society will not allow you to live but if your partner is firm , two adults can live together .

Is it legal or not to live in relationship?

To my knowledge it won't be legal your wife can file charges against you as per adultery (Married man having affair with someone or lives in a relationship).

To file any case of adultry, first of all you have to send a panchyat or some relatives to his house to talk to your huaband about reconsilation and talk to the girl why she is there.

Secondly if they are confirmed about his second marriage then they should talk to the neighbours about his second marriage and try to get the proof immediately and only then file a police complaint and mention the name of the person who will be ready to give statement in this regard or otherwise police will himself enquire about the case. But dont forget to send your relaatives alongwith police at your husband house to enquire the matter else they may bribe the police also.

Regards

Good luck

But dear! Factum of 2nd marriage is not easy to prove if the live in couple is tricky. No value of neighbourer's statement in proving the factum of marriage as per law.

Moreover, if the man is having live in relationship wid unmarried girl/divorced/widow n both are doing it with consent, their families also know about the relationship n they remain somewhat vigilent, no bdy can trap them at least legally!