A.
Dear Client,
The Hindu Marriage Act, 1955, states that both parties should not have a living spouse at the time of the second marriage. The act specifies that neither party should be legally married, and both parties must end their previous marriage to remarry, failing which spouse shall face criminal prosecution for bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts a 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. Even, if you married during the subsistence of his first marriage, then such marriage shall be considered void as per the condition prescribed under Sec.5(1) of the Hindu Marriage Act,1955. Further, under the Hindu Marriage Act (HMA), Special Marriage Act (SMA), and Islamic law, concealing significant facts before marriage can lead to a marriage being considered voidable, meaning the deceived party can seek to annul the marriage, as concealment is considered a breach of trust and can significantly impact the informed consent needed for a valid marriage. Hope the query stands clarified.
Posted On 06-Jan-2026
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