Second Marriage Without Divorce: Is It a Criminal Offence and What Are the Rights of the First Wife?

Second marriage without ending the first marriage is a common source of confusion.
People often ask two related questions:

• Is second marriage a criminal offence?
• What legal rights does the first wife have in such a situation?

Indian law answers both questions clearly, but the answers depend on
personal law, marital status, and facts of each case.

Is Second Marriage Without Divorce a Criminal Offence?

Under Indian law, a second marriage during the subsistence of the first valid marriage
is not merely a social issue — it can also attract criminal consequences.

As long as the first marriage has not ended by:

• Legal divorce, or
• Death of the spouse

the law continues to recognise that marriage.

Position Under Hindu Marriage Law

Under Hindu law, monogamy is mandatory.

A second marriage without divorce is treated as:

• Void in the eyes of law, and
• Potentially a criminal offence

The law does not recognise the second marriage as legally valid.

Criminal Liability for Second Marriage

Entering into a second marriage while the first marriage is still valid
may amount to the offence of bigamy.

Bigamy involves:

• Contracting another marriage
• While the first lawful marriage is still subsisting

If proved, criminal proceedings may be initiated against the person
who contracted the second marriage.

The purpose of criminalisation is deterrence and protection,
not moral policing.

Does Conversion to Another Religion Avoid Criminal Liability?

No.

Conversion from one religion to another
solely to contract a second marriage
does not automatically dissolve the first marriage.

If the first marriage continues legally,
criminal liability may still arise despite conversion.

The law looks at the continuity of the first marriage,
not merely the religious form of the second marriage.

Rights of the First Wife in Case of Second Marriage

When a husband contracts a second marriage without divorcing the first wife,
the law provides several protections to the first wife.

These rights exist because the first marriage
continues to be legally valid.

1️⃣ Right to Legal Recognition as the Lawful Wife

The first wife continues to be the legally recognised spouse.

Her marital status remains unaffected by the second marriage,
which has no legal standing.

2️⃣ Right to Seek Maintenance

The first wife has the right to claim:

• Maintenance during marriage, and
• Maintenance upon separation, subject to law

The husband cannot avoid this obligation by entering into another marriage.

3️⃣ Right to Take Legal Action

The first wife may initiate:

• Criminal proceedings for bigamy (where applicable)
• Civil proceedings for matrimonial relief

Each remedy depends on facts and legal advice.

4️⃣ Right to Dignity and Protection

If the second marriage causes mental cruelty, harassment, or neglect,
the first wife may seek appropriate legal remedies.

The law recognises the emotional and legal harm caused
by such conduct.

What About the Second Wife?

The second marriage, being legally invalid,
does not create the status of a lawful spouse.

This can lead to complications relating to:

• Marital status
• Maintenance claims
• Inheritance rights

This is why the law insists on divorce before remarriage.

Why Does the Law Take Such a Strict View?

The objective of the law is to:

• Protect the sanctity of marriage
• Prevent deception and exploitation
• Ensure certainty in family relationships

Allowing multiple legally valid marriages at the same time
would create serious legal confusion.

Key Takeaway

In simple terms:

• ✔ Second marriage without divorce has no legal validity
• ✔ It may amount to a criminal offence in certain cases
• ✔ The first wife continues to enjoy full legal rights
• ✔ Divorce must legally end the first marriage before remarrying

Understanding these rules helps individuals avoid serious
legal consequences and protects the rights of affected spouses.

This article is written by the academic team at Delhi Law Academy,
for general legal awareness.

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