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Stay/Refrain of Second Marriage

In India, second marriages that occur while the previous marriage is still active are prohibited, and any relationships that result from such unions are invalid. The practice of "second marriage" is widespread in Indian society despite the fact that the law is extremely clear in this regard. Second wives in India have minimal legal protection as a result of the difference between the law and social practice outlined before.

Stay-Refrain-of-Second-Marriage

One of the requirements for a lawful marriage under the Hindu Marriage Act of 1955 (HMA) was that neither party should be supported by a spouse at the time of the marriage.

The previous rule prohibited a lady from getting married to a second man while her first husband was still alive, unless customally allowed. Before some States enacted laws to discourage bigamous marriages and introduce the concept of monogamy among Hindus, there was no such barrier against men. Second marriages were therefore deemed to be void from the start according to the aforementioned clause and Section 11 of the Hindu Marriage Act, which came into effect in 1955.

In this regard, the Hindu Marriage Act stipulates that a marriage must take place in accordance with the customs and rites, and that the second marriage must have been in existence on the date of the second marriage and that the first spouse must have been a legally wedded spouse.

There are certain prohibitions and rights which need to be understand by the client.

Also there are various other factors which decides the final judgement.

To get the justice and best results. Contact Advocate Rohan Yemul.

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