Ny Married Marriage Without Divorce
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FAQ
If he is still married to another woman, your marriage is not legal. The legal ramifications of bigamy aside, go see a lawyer regarding the status of your home, children, etc. If you want to stay with this man as his legal wife, he will first have to divorce his current wife.
Second marriage without a divorce is unlawful in India unless it is specifically permitted by personal law or custom.
Section 15 of the Hindu Marriage Act disallows spouses from re-marrying while an appeal against the divorce is pending or if it has been less than a year since the Family Court passed the divorce decree. Section 19 gives the aggrieved spouse at least 90 days to file the appeal.
An individual cannot prove that their second marriage without divorce is legal. This is because such marriage is illegal and punishable by law.
Second Marriage is Valid during the Pendency of Divorce. Section 494 of the IPC provides about ?Bigamy?. Bigamy has been made outlawed because it should be a non-cognizable similarly as a bailable crime in India.