Marriage is a sacred bond between two individuals, and it is supposed to last a lifetime. However, sometimes things do not work out as planned, and a couple might decide to part ways. In such cases, divorce is the legal way to end a marriage. However, what happens when one decides to get married again without getting a divorce from their first spouse? Is it legal? Let’s find out.
Understanding the Legal Aspects
According to the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, polygamy is illegal in India. This means that a person cannot have more than one spouse at a time. Therefore, if a person is already married and wants to get married again, they must first obtain a divorce from their first spouse.
However, some people still attempt to get married again without getting a divorce from their first spouse. This is known as bigamy and is a punishable offence under Section 494 of the Indian Penal Code. The punishment for bigamy can range from imprisonment for up to 7 years to a fine or both.
Agreement and Stamp Paper
If you are getting married again and have not obtained a divorce from your first spouse, it is essential to understand the legal implications of your actions. One way to protect yourself legally is by signing an agreement on a stamp paper.
An agreement on a stamp paper is a legal document that outlines the terms and conditions of the marriage. It can be used to protect the rights of both parties and to ensure that the marriage is recognized by the law.
The agreement on a stamp paper should include details such as the fact that the person is already married and has not obtained a divorce from their first spouse. It should also state that the second marriage is being entered into with the full knowledge and consent of both parties.
Also Read – How to File For Divorce? And property rights of a wife after divorce.
The agreement should also outline the financial arrangements between the two parties. This includes details about the property, assets, and liabilities of both parties. It should also specify the rights of the second spouse in case of the death of the first spouse.
Legal Consequences
Getting married again without obtaining a divorce from the first spouse can have severe legal consequences. In addition to facing punishment under Section 494 of the Indian Penal Code, the second marriage will also be considered invalid in the eyes of the law.
This means that the second spouse will not have any legal rights over the property or assets of the first spouse. In case of the death of the first spouse, the second spouse will not be entitled to any inheritance or other benefits.
Conclusion
Getting married again without obtaining a divorce from the first spouse is illegal and punishable under the law. It is essential to understand the legal implications of such actions and to protect yourself legally by signing an agreement on a stamp paper.
If you are already married and are considering getting married again, it is best to obtain a divorce from your first spouse before entering into a second marriage. This will ensure that the second marriage is recognized by the law and that both parties have legal rights and protection.
Posted by Maya Singh
Invest Agreement Finance 