if a person is married second time without divorcing

Your question is not clear as to whether such person is hindu or other religion.  if hindu second marriage wihtout divorce and living with her amiounts bigamy besides cheating  

Dear Jyothi,

To marry while the wife is alive and without first getting divorce is certainly an offence.

For this the first wife or the second wife have to file the complaint.

How and under what circumstances the Divorce has been obtained would be material.  In any case, if it is not a mutual consent divorce, the wife can prefer an appeal against the 'divorce'.  Till such time there is finality in the divorce matter, the relationship of the husband and wife does not get erased.  Therefore during the pendency of the divorce matter, the first wife can always make a complaint which can land the husband in deep trouble.

It is altogether another matter after 'divorce'.  It is litigable.  Even if the divorced wife makes a complaint subsequently, one can argue that only a 'wife' can make a complaint and she is no more wife etc. etc.  But how the Court will view the matter is another point.

In any case, it would be advisable not to get into second marriage without getting proper 'divorce' in the first marriage.

Agreed with Ramachandran, Yes bigamous marriage pure and simple.

married second time -

MEANS THE SECOND MARRIAGE DULY SOLEMNIZED DURING THE LIFE TIME OF WIFE; THE FIRST  WIFE WILL BE COMPLAINEE;

YOU MAY CHALLENGE THE DIVORCE, IF THE TIME NOT OVER.

' If a person married second time without divorcing his first wife, later on he files and obtained divorce,

 Is it an offense and as he got his divorce ,is it a legal offense still? ' -  perhaps your question is this.

you ( ms jyothi)  want to say that the man, during the date of 2nd marriage to the date of divorce, was in bigamy, therefore he should be punished.

it was offence.

whether the divorced wife has the right to sue the man - is in question here.

i have not seen any such judgment covered the above situation.

my suggestion is,

if divorce is ex party or mutual concent divorce, then it is better not to raise the question.

if it is contested, and wife lost the case, then it may raise as a fundamental right u/a 32.

This law also needs to be changes as many husband or wife keep on draging the case long and long to spoil life of others.

The marriage just after filing of divorce case should be legal as once the case is filed for divorce by any spouse the marriage is dead for every pratical purpose so they should be allowed to re-settle once the case is filed in the court. by any spouse.

What is the value of SHOULD? We SHOULD get back our money from 2G scam, CWG Games blah, blah, blah but WOULD not.