Legal Question in Family Law in India

please dont use such shortcut. dissolve your first marriage before going for a second marriage. Please give the first wife her due and then start life a fresh. Consequence of a void marriage are far reaching and affect the kids too. for further query contact 9312411481.

Its not advisable if you want to marry someone else first you should divorce your first wife and then marry the person you want to .

Not advisable. Coz prior to divorce, you cannot remarry.

Findout short way of divorce.

Good luck.

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The Supreme Court has reiterated that the second marriage of a Hindu man after conversion to Islam without having his first marriage dissolved under the law would be invalid. The second marriage is void in terms of the provisions of Section 494 of the Indian Penal Code (IPC) and the apostate husband is guilty of the offence of bigamy under section 494 IPC. This law has been reiterated and laid down in the cases of Sarla Mudgal case and the Lily Thomas case.

In the lily Thomas case, the issue which came up before the Court was whether a married Hindu man can convert to Islam and marry again during the subsistence of his first marriage and whether he would be guilty of the offence of bigamy notwithstanding the fact that his new religion permits polygamy. The Court in this case clarified, that the prosecution under Section 494 IPC in respect of second marriage under Mohammedan law can be avoided only if the first marriage was also under the Mohammedan law and not if the first marriage was under any other personal law where there was a prohibition on contracting a second marriage in the life time of the spouse.

Thus a distinction was made between a polygamous marriage by a Muslim under Muslim law and one contracted by a non- Muslim after his conversion to Islam. Therefore, the marriage done by converting into Islam and then marrying would be considered to be invalid and the man would be guilty with the offence bigamy.

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Advocate Pooja

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