What happens if a married man marries a woman without telling her about his existing marriage? What legal options both of his wives have in this case?

Dated: 2024-03-24 07:47:41

What happens if a married man marries a woman without telling her about his existing marriage? What legal options both of his wives have in this case?

Answers by Lawyers

The pre-requisite of a man intending to contract a second marriage is that he divorces his first wife and then marries a second time. A person having a living spouse at the time of contracting another marriage cannot do so. But if a man has contracted a second marriage during the lifetime of his spouse without divorcing her then the first wife has the following legal options in front of her :

 

a. Prosecution proceedings under section 494 of the Indian Penal Code, 1860 for bigamy. The husband shall be liable for imprisonment for a term upto seven years and shall also be liable to pay a fine.

b. Can seek annulment of marriage.

c. Can seek divorce from her spouse.

And the second wife may:

There are not many legal recourses available for a second wife as the marriage she has contracted is void ab initio, excepting :-

a. She can prosecute the man u/s 493 of IPC, 1860 for cohabiting with her by inducing belief that he is lawfully married to her. The punishment for such offence can be upto a term of 10 years also be liable to pay a fine.

b. She can also levy a charge upon him under section 495, IPC, 1860 for having concealed his former marriage from her. The offence is punishable with an imprisonment upto 10 years and shall also be liable to pay a fine.

c. She may also get some maintenance from her supposed husband on the basis of the discretion of the judges.

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