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SECOND MARRIAGE WITHOUT DIVORCE

Can I marry Again without giving divorce is the most trending question answered by the Team at Instalegal in the recent times and the effort here is made by the team at Instalegal to explain the consequences related to a marriage which may be declared as Null and void under section 11 of HMA due to contravention of Section 5(i) of HMA.

The information provided in this video relates to the Bigamy law and its consequences. It also discusses the rights of the second wife and under what situations, the second marriage can be considered to be valid under Hindu Marriage Act.

Bigamy is provided as a criminal offence under section 494 of Indian Penal Code wherein it clearly states that “Whoever, having a husband or wife living, marries again 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 description for a terms which may extend to seven years, and shall be liable to fine.”

Furthermore, under section 495 of IPC makes the punishment more stringent as under this section it is provided that if the second wife/husband concerned is not made aware of the facts regarding the former marriage, it would amount to fraud which attracts punishment of imprisonment of either description for a term which may extend to maximum ten years and shall be liable to fine as well.

The exceptions discussed in the video as regards the situations under which the second marriage is valid is also provided clearly under these sections.

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