From your name (as seen from your email), you appear to be a Hindu. So presuming that the man with whom you want to get married is also a Hindu, let me point out that a second marriage is not possible for that man till the first marriage continues to be legally valid. Unless the first marriage comes to an end (either by way of a divorce or by being declared as null and void or by an unfortunate demise of the spouse), he cannot have a second marriage with another person. Second marriage for him during the lifetime of the first wife would be punishable as bigamy under Section 494 of the IPC, which is considered as a serious offence, since the punishment is up to 7 years’ imprisonment.
Of course, you would not be committing any offence if you marry him since it would be your first marriage. But, for him, this marriage would be the second marriage while the first marriage is still legally valid and it will be during the lifetime of the first wife; thereby making him liable to punishment under Section 494 of the Indian Penal Code (IPC).
Section 494 of the IPC is as under:
“494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries 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 term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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