No. You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. No matter even if the spouse agrees for that.
What happens if you remarry without getting a divorce in India?
NEW DELHI: Although the Hindu Marriage Act prescribes that it shall be lawful to marry again only after dismissal of an appeal filed by aggrieved party against the decree of divorce, the Supreme Court, however, clarified that second marriage would not be void if solemnised during the pendency of appeal.
How can I remarry without divorce in India?
Answers (5) Second marriage will be allowed only after legally separated. So both of you can file a joint petition before the Family Court where the marriage was solemnised. If you remarry the second marriage is not valid.
Can you get married without getting a divorce?
Marrying someone who isn’t legally divorced means your marriage to that person won’t be legal. It doesn’t mean that you’re in violation of any laws, however. … Bigamy is the legal term that describes someone who is married to more than one person at a time.
Is marriage certificate mandatory for divorce in India?
No, Marriage certificate is not necessary for Divorce. Marriage Photograph or Marriage invitation card are sufficient to produce and if not the same than affidavit for marriage is also enough to file a divorce petition.
Can you have 2 wives in India?
Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Muslims, who are permitted to have four wives and for Hindus in Goa and along the western coast where bigamy is legal. A polygamous Hindu marriage is null and void.
Can I marry after filing divorce?
Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person. As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.
Can I marry a married woman?
Though The marriage registration is mandatory. But practically it is not necessary to proof she is married and if a married person marry again with any other then the second marriage is void. So I suggest you that firstly the lady take divorce from her present husband then you may marry her.
Can man marry two wives?
No. A man cannot marry two people or have two wives in India. But the picture is a little different for Muslims under their personal laws. As Muslims have permission to have four wives, while bigamy is legal in Goa and along the western coast.
Is adultery a crime in India?
In September 2018, the Supreme Court unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men.
Is it illegal to live with someone else while married?
The technical answer is “yes, it is legal” – she is not violating any laws that are regularly enforced (adultry is still illegal, but it has not been prosecuted in years)…
Can my husband divorced me without me knowing?
The other situation in which someone could be divorced by their spouse without their knowledge is on the basis of unreasonable behaviour. This is the only ‘fact’ for divorce that does not require the other person to complete and return the ‘acknowledgement of service’ from the Court.
Can a man remarry without divorce?
You can not remarry without obtaining the decree of divorce from your wife, 2. Live in relationship also will be traeted as an act of adultery punishable with jail term, should your wife lodges complaint against you in this regard. … u cannot re-marry without getting divorce, from first wife, by court order.