• Marriage

Can a Hindu married woman whose marriage is not registere
Asked 3 years ago in Family Law from Kalyani, West Bengal
Religion: Hindu
The answer is no. Absence of registration of marriage does not make the marriage illegal.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1)  once lady is married she cannot remarry during the subsistence of earlier marriage 

2) such marriage is illegal 

3) merely because marriage is not registered does not mean no marriage has taken place 

4) lady can seek divorce and rely upon her wedding card , marriage photos to prove that her marriage had taken place 
Ajay Sethi
Advocate, Mumbai
44243 Answers
2568 Consultations

5.0 on 5.0

Please clarify by what do you mean by ' marriage not recognised'.
Invalid marriage is no marriage and hence second marriage can be performed by the same person.
Devajyoti Barman
Advocate, Kolkata
12511 Answers
160 Consultations

5.0 on 5.0

legally not, but until and unless there is no objection raise by her husband in future, the marriage will be void ab-initio and the lady can be prosecuted u/s 494 of IPC for the offence of Bigamy.
Nadeem Qureshi
Advocate, New Delhi
4793 Answers
219 Consultations

4.9 on 5.0

Registration has nothing to do with second marriage but she need to get legally divorced from her first husband then only her second marriage will be recognised. 


Adv. Payal. 
Payal Arora
Advocate, Pune
339 Answers
15 Consultations

4.1 on 5.0

1. Is your husband living or not?.
2. What is the reason for your decison of marrying another man when the earlier marriage is subsisting?.
3. Do you have child/children out of the wedlock?.
4. Why can't you take divorce from your husband and then marry another man?.
5. Under Hindu Marriage Act 1955, Section 5, a marriage may be solemnized between two hindus, subject to neither party has a spouse living at the time of marriage.  Based on this, since your husband is alive, you cannot marry another man when the marriage is subsisting.
6. Even if the marriage is not registered, the Hindu marriage is legally recognised and valid, if  the customs & rituals prevailing in that particular Hindu society is completed.
Shashidhar S. Sastry
Advocate, Bangalore
1617 Answers
107 Consultations

5.0 on 5.0

There is no hard and fast rule that the Hindu marriage has to be registered only then it can be considered as valid. 
Therefore the Hindu married woman cannot marry again during the subsistence of her existing marriage. It will  be null and  void.
T Kalaiselvan
Advocate, Vellore
34414 Answers
368 Consultations

5.0 on 5.0

The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus. Marriage solemnized according to Hindu Custom and Rites is valid marriage, no need to compulsory registration but may be registered under Hindu Marriage act. Since in India various communities have different customs and ceremonies, the law says that a marriage can be performed or "solemnised" according to the customary rituals and ceremonies of the community to which either the bride or the groom belongs. It is very important to understand that the rituals and ceremonies carried out must be recognised and accepted by the community concerned as being the proper ones for formalising a marriage. 

Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity.
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

According to Section 7 of the Hindu Marriage Act, 1955 a marriage is considered to be solemnized according to the customary rites and rituals of either party and that include saptapadi i.e. taking seven steps by the bridegroom and bride together before the sacred fire and the marriage become complete and binding on taking the final step. 
The marriage should be registered but non-registration of marriage does not give any liberty to the married women to marry another man having living spouse.
Rajinder Kumar
Advocate, New Delhi
68 Answers
6 Consultations

5.0 on 5.0

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