A man thought his wife died in an accident. The body was not found. He remarried. But his first wife is still alive and technically they are not divorced. In this scenario what becomes of his second marriage? Is that still valid?
1. If the man had remarried after seven years of the presumed accident, then the second marriage will be valid.
2. However if the man had remarried without waiting for seven years and got remarried well within the period of seven years, then the second marriage will not have any legal validity.
After seven years from the date of disappearance of wife, he may apply to the Court for a declaration that she is presumed to be dead. Upon the granting of such a declaration by the Court, he shall be able to enter into a second marriage.
If he has filled police complaint then it's valid but for a person to declare dead it requires 7 yrs of his absence. The said act of yours is.not intentional
Second marriage performed during subsistence of earlier marriage is not valid
It is hard to answer hypothetical question.
After how much time of accident he married to second wife?
Where he got married to first wife and second wife ?
Where she got accident ( means in India or abroad)?
Without knowing the exact facts of case a good legal advice cannot be given, one can only give academic knowledge. As per general law if spouse is not found for 7 years presumed to be dead. But again it depends on facts of case.
If general law presumption do not apply to your case your second marriage is void and is bigamy
The thought of wife died in an accident cannot be justified because without a death certificate he cannot presume that she died.
However this has nothing to do with second marriage
Contracting another marriage during the subsistence of earlier marriage and if the wife is living, then the second marriage is not valid as per law.
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living.
- Hence, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law.
- Further , under Section 108 of the Indian Evidence Act,, a missing individual for over seven years is assumed dead.
- Hence, if she was untraced for the period of 7 years , then legally she cannot take any action against her husband , and the second marriage can be declared as valid.
