Regarding  marriage Regarding marriage

1 month ago

Hi my friend got married 10 days back and it's registered too. Her husband died yesterday. While she remarries will first marriage show in registration or will it be cancelled due to death of her husband.

Anik

Responded 1 month ago

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A.Dear Client,

In the absence of a legally granted divorce decree, either spouse cannot enter into a new marriage. Doing so violates the conditions set forth in Section 5(1) of the Hindu Marriage Act, 1955, rendering such a marriage void under Section 11 of the Act. A couple cohabitating without obtaining a divorce from their previous spouses does not qualify as a "live-in relationship" or a valid form of marriage. Instead, it amounts to the offense of bigamy under Sections 494/495 of the Indian Penal Code. Engaging in bigamy carries penalties, including imprisonment for seven years or more, depending on the severity of the offense. In certain cases, fines may also be imposed, or both imprisonment and fines may be levied, depending on the gravity of the crime.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear client,
In the absence of a decree of divorce passed by a competent Court of law annulling a marriage, either spouse cannot remarry another man or woman, and such a marriage that violates the condition of Sec.5(1) of the Hindu Marriage Act, 1955 and termed as void marriage as per Sec.11 of the Act. A couple living together without divorcing their previous spouses does not qualify as a "live-in relationship" or a form of marriage and this constitutes the offense of bigamy under sections 494/495 of the Indian Penal Code that attracts punishment of imprisonment for seven years or more, depending on the crime. In some cases, a fine is also charged, or both are charged together, depending on the crime severity
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