Just don't go in for necessary marriage ceremonies which shall make your second marriage ceremonies complete & legal. Section 7 of the Hindu Marriage Act, 1955 provides Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
As I can see you are a Hindu & the necessary rites & ceremonies included in your case include the Saptapadi, so just avoid this ceremony & get it in writing from the Priest performing the marriage that this ceremony of Saptapadi was not preformed in your case. This you can use as a piece of evidence in your defence, in case your first wife files a criminal complaint against you for bigamy under section 494 I.P.C. But mind you this won’t prevent her from filling a criminal complaint for mental cruelty under 498A I.P.C as your act of second marriage although not getting preformed legally according to necessary rites & ceremonies, still amounts to mental harassment or cruelty.
2007-11-07 20:42:01
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answer #1
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answered by vijay m Indian Lawyer 7
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No way!!
First you have to divorce and then you could re-marry again.
People who try to fraud the law and marry somebody without being divorced are regarded as bigamists and will be punished by the law.
Of course the 2nd marriage will not be legal.
As long as you are not a Muslim who could consider to marry a 2nd and 3rd wife (in these countries which allow this practice) you can’t get married legally before divorce first.
2007-11-09 05:20:11
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answer #2
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answered by Anita P 6
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R u meaning how can u marry without being divorced? Move to Mexico... if you mean how can I marry without the chance of divorce... find someone who loves you completely for who you are and not what you can give them!
2007-11-08 04:22:34
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answer #3
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answered by txtoasty82 2
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You can't. If you are presently married now and wants to consider re-marrying.... you need to be divorced first. It's a universal law. Anywhere around the globe. But, if you mean, you wants to marry now (without being married beforehand) and wished to stay married to the same person your lifetime, go to Christian countries where they prohibit divorce...there, you are married all your life, to one person! =)
2007-11-08 04:41:54
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answer #4
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answered by Justine 1
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In india marriage is not possible, but u have make a contract with a girl in a 100 Rs stamp paper 4 legal strength. if ur wife against with this relationship, u may goes to jail.. Good luck. Happy Jail Days (Now in India's Jails are very comfortable)
2007-11-09 13:17:16
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answer #5
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answered by Anonymous
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If you are already married and your spouse is alive, you can not marry again. If you want to marry again, first of all, you have to produce a divorce certificate.
2007-11-09 09:32:00
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answer #6
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answered by JP 5
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Sec.5 Hindu Marriage Act restrains bigamous marriage. It is an offence in Indian Penal Code. No marriage can be performed without a decree of divorce between existing spouses. Even if a marriage ceremony is performed, it will not be recognised as marriage by law and children of such marriage will be illegitimate (bastards). The divorce settlements and deeds executed Out of the Court are worthless and Indian laws do not accept them. The District Courts alone have the power to grant divorce decrees that too on proof by sufficient evidence of the allegations necessary for such divorce.
Premarital, extramarital or unwed sexual activities are not barred or prohibited hence no offence punishable in ANY INDIAN LAW. A wife’s sexual intercourse with other/s is also no offence, hence no prosecution or punishment to her. Even her sex partner also cannot be punished, if was unaware of her wedlock or had sex with consent or connivance of her husband. Her husband alone can prosecute him but not the police, court or the wife. After divorce also her earning husband has to maintain or pay till she remarries (if unable), even if she is permanently & continuously enjoying sex openly with all other/s. Pre marital sexual intercourses with other/s cannot be a ground to seek divorce under the HINDU or SPECIAL Marriage Acts. Thus a female’s physical sexual relations with persons/s of her choice (with their consent) is not an offence or prohibited / barred in any INDIAN LAW and she is at liberty to enjoy the sex freely and fearlessly. A male’s physical sexual relations with any 16+ female (with her consent) is no offence or barred / prohibited in any Indian Law, unless she is in the wedlock of somebody else and is done knowing her wedlock or without her husband’s consent or connivance. Courts have to believe that children born during the wedlock are her husband’s legitimate ones. He is bound to maintain or pay their expenses; till sons are 18+ and daughters are married. Prostitution (commercial sex trade, offering sex for monetary gain) alone is an offence punishable in INDIAN LAWS.
Subjecting a wife to physical or mental cruelty and harassment by her husband or his relatives is a non-bailable offence punishable upto 3 years imprisonment and/or fine wherein police can arrest them without any court's warrant.
All unwed sexual relations are quite barred and prohibited only in ISLAM and termed in clearly written unambiguous words as the heinous crime punishable with death by pelting stones or lashes, publicly.
2007-11-10 00:57:34
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answer #7
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answered by Anonymous
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Take the settlement out of court and take the acknowledgment in Bond Paper then proceed..
2007-11-09 04:55:27
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answer #8
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answered by vijaya s 3
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gotta be divorced to marry someone else or you can go to jail for bigamy
2007-11-08 04:22:19
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answer #9
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answered by Death Girl Am 6
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you cannot
if you get married the marriage will be null and void.
2007-11-08 04:25:33
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answer #10
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answered by Anonymous
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