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Is it Legal to Marry without Having a Divorce?
As per Section 494 of the Indian penal code, commencing a second marriage without divorce is illegal and prohibited.

If a person commits a second marriage without divorce while their first partner is living, it is considered “Bigamy.” Bigamy, as per Indian law, is a punishable offence and can be acted as “cheating” under Section 415, where the wife can file a complaint against the husband for second marriage without divorce with legal consultation from a professional.

Any facts that are related to human actions are present in Section 114 of the Indian Evidence Act.
For the Parsi Marriage and Divorce Act, Section 5 states that a second marriage without divorce is a punishable offence if the first is not legally divorced.
The Special Marriage Act also claimed that bigamy would be punished and charged as per Section 44. Second, marriage without divorce is not acceptable and is illegal.
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What are the Laws and Punishments for Bigamy?
Different sections under different laws clearly state that bigamy or second marriage without divorce is illegal and punishable by law.

The individual committing bigamy, which is a second marriage without divorce, will be held accountable under sections 494 and 485 of the Indian Penal Code. This is stated in section 17 of the Hindu Marriage Act of 1955.
It is a criminal charge and offence under that person’s name, as this is a prohibited relationship. The grieving wife or husband should consult a divorce lawyer before taking action to make better choices.

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