Is It Possible To Marry A Person Who Is Already Married?

In India, marriage is a highly esteemed and sacred tradition that joins two people and their families through a strong social and cultural link in addition to being a legal agreement. In India, where marriage is regulated by a number of legislative regulations and religious customs, it is frequently viewed as an unbreakable relationship that reflects ingrained cultural values and social conventions.

Section 5 of the Hindu Marriage Act of 1955

The provision lays out important requirements that must be met in order for a Hindu couple to get married legally.

• The individuals getting married must not have had a spouse at the time of their marriage.
• For there to be legitimate consent, both partners in a marriage must not be insane or suffer from mental illnesses.
• The bride and groom’s legal age at the time of marriage has to be 18 and 21 years old, respectively.
• The parties are not sapindas and the banned relationship’s degrees are not followed by the parties.

Necessary Requirements of a Valid Second Marriage

• If the person’s first marriage has been ruled void by the appropriate court.
• If someone marries during their first marriage and their spouse disappears continuously for seven years, during which time they have not been heard from as a living person. However, the individual with whom the second marriage is agreed upon should be informed of the facts.
• Until proven otherwise, entering into a second marriage cannot be regarded as a crime for anyone who falls under this exception.

Is it Possible to Marry Someone Who is Already Married?

• The Indian Penal Code, Section 494, states that it is forbidden and a criminal offense to get married again without first getting divorced.
• “Bigamy” is the term for when someone marries again without divorcing their previous spouse while they are still alive. 
• There is no legal entitlement for the second wife. The second marriage is actually regarded as null and void. Women who experience a void marriage suffer greatly. Although there aren’t any special rules for second spouses, there are a few avenues for them to sue their spouse: 

“Cheating” under Section 415 of the Indian Penal Code allows the wife to make a complaint against the husband for having a second marriage without getting a divorce with professional legal advice.

Punishment for Second Marriage: Bigamy

• Section 494 of the Indian Penal Code and Section 485 of the Indian Penal Code will apply to the person who commits bigamy, which is defined as a second marriage without a divorce. The Hindu Marriage Act of 1955 states this in section 17.
• Under that person’s name, there is a criminal charge and offense because this is an illegal relationship. Before making any decisions, the bereaved spouse must speak with a divorce lawyer.

Evidence needed to file a complaint in Bigamy

• The resentful wife appealed a High court ruling to have the charge sheet quashed in Neelaveni v State, citing Sections 406 and 494 of the Indian Penal Code. The materials gathered throughout the investigation must be taken into consideration, and it was decided that discussing the veracity of the accusations at this time is inappropriate because they will always go to trial.
• Although obtaining proof is not necessary in order to file a complaint, it is usually beneficial to do so in order to support your case in court.

When seeking a marriage with someone else, it is imperative that you be 100% certain that you aren’t still legally married to someone. Not just because of personal issues, but also to avoid paying any fines or penalties related to the bigamy statute. Though bigamy is prohibited in all 50 states and can result in criminal penalties, state laws differ based on your region.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.