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Last Updated On 18-May-2021
Divorce

Marriage

Sir, my relative girl her college days she did registered marriage.. Later she leave that boy.. She didn't got divorce from him.. Now she married another boy.. Now she can register her new marriage? She is Muslim boy is hindu

( Chennai, Tamil Nadu )

17-May-2021

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A.
Hi,
She cannot register the second marriage since it would be void as per S.27 of the Special Marriage Act, 1954 when there is already a living spouse. Further she would also attract punishments as u/S 494 and 495 of IPC.
If you found my answer helpful then kindly rate me.
Posted On 18-May-2021
Vidhikarya
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Hi,
As per S.27 of Special Marriage Act, 1954, a marriage would be void when there is already a living spouse. Therefore, here the girl cannot register second marriage. She will also be subject to offences u/S 494 and 495 IPC.
If you found my answer helpful then kindly rate me.
Posted On 18-May-2021
Vidhikarya
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No...She can't register new marriage...
Posted On 18-May-2021
Vidhikarya
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registered first marriage under special marriage act doesnt allow 2nd marriage itself, forget registering 2nd marriage. It is impossible.

so she (you) have to take divorce of first marriage and then you have to attach divorce decree while registering 2nd marriage.
Posted On 18-May-2021
Vidhikarya
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Hello,

If Girl is remarried with another boy during lifetime of her husband then she is guilty of 494 of IPC and if she conceal her first marriage with her 2nd husband then she is guilty of 495 of IPC and in both situations marriage shall be null and Void.

As you said that 'Girl is Muslim' and there is procedure "KHULA" in Muslim Law, through which a woman can divorce her husband, by returning the dower (mahr) or something else that she received from her husband, as agreed by the spouses.

It is advisable that first get a divorce from first husband though court then remarry with another person.

Thanks

Nishant Singh
Posted On 17-May-2021
Vidhikarya
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