Yes, marrying again during the lifetime of one's wife or husband is
known as bigamy. It is a criminal offence, punishable with imprisonment
and fine. A bigamous marriage is void, a complete nullity. If a woman has prima facie evidence that she is
lawfully married to a man who is about to or has remarried, she can
register a criminal complaint and the
police are expected to stop him from getting remarried. If a wife learns
that her husband is going to marry again she can get an injunction from
the court forbidding the marriage before it occurs. After it has taken
place, a wife can ask the court for a "declaration" that the second or
bigamous marriage is null and void. Proving bigamy, however, is not
easy. The complainant wife has to prove that both the marriages, her own
as well as the second bigamous one, have been performed properly
according to the appropriate ceremonies. Most prosecutions for bigamy
fail because the complainant does not have the proof of the bigamous
marriage. The accused husband can usually successfully claim against all
efforts to prove the contrary that essential parts of the ceremony were
never carried out and escape punishment.
Hindu Marriage Law
Ozg Experts & Lawyers
Email: hindu.marriage@ozg.co.in
