• Is second marriage possible with consent of the first wife

I am hindu by religion and got married 9 years back through arranged marriage. i am the only son of my parents with three sisters. All of my sisters are married. My wife is having infertility problem due to endometriosis in her ovary. I tried almost 8 years for their pregnancy through various methods such as IUI (5 times),IVF (4 times) but everything gone in vein.
Now she forces me to go for second marriage for the sake of your generation. she is ready to give her consent in writing if needed. She will not give me divorce but continue with me.
i am now 40 and she is 35.
I want to know that under such circumstances whether any law permits for second marriage with consent of first wife or not ?
if yes then then what will be the right of my second wife is some dispute will arise  in future?
Asked 10 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) second marriage during subsistence of first marriage is illegal

2) you cannot  remarry even if your wife consents

3) if your wife cannot conceive you can adopt a child 


Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Her consent, even if reduced to writing, will not impair her right to subsequently launch your criminal prosecution for bigamy. Law does not permit bigamous marriages for Hindus. Your second marriage will be illegal, as a corollary whereto your second wife will enjoy none of the rights which are bestowed on a legally married wife by the law of the land.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. No consent makes the illegal act lawful.
2. in other words if you do not five divorce to your previous wife, you can not contract second marriage.
3. if you do, you will be charged with bigamy.
4. if making progeny is the only intention then you can go for surrogate motherhood.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Hello,
1) Despite consent of your wife you can not marry a second time while your marriage is subsisting as this is illegal.

2) If you go ahead with a marriage despite it being illegal your second wife will have no right that a legitimate wife would have. Besides this you are committing a crime of bigamy which will hang above you as the sword of Damocles as your current wife may use it some time in future.

3) As your option to marry again is rising out of your need for children you have two legal options available. The first would be to adopt a child and the second would be surrogacy. 
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. No law in India permits a Hindu National to marry for the second time without terminating his first marriage legally, on any ground whatsoever,

2. Despite the above fact if you marry again, your second marriage will be invalid and your child from your said wife will be considered as illegitimate.Your said illegitimate child will have the right on your property but not your second wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
Hi 
It is illegal  to get married to another lady when your first wife is alive. 
Can you try adoption instead. An adopted child is as good as your child upon completion of adoption procedures and all three of you can live ever happily thereafter. many of my clients who had similar questions like you had successfully adopted children and they are so happy now. think about it. At the end of the day you might give a fresh lease of life to an orphan and at the same time you will give a fresh lease of life to you and your wife. Please do consider sir. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Offence means any act  which is punishable under law. So first of all it is to be seen  whether bigamy is punishable under law. answer is yes because it is punishable under sec 494 Indian penal code and Hindu marriage Act 1955.  second marriage with the consent of the first wife is void under section 11 of the Hindu marriage act. 1995. any marriage with contradiction of the section 5 of Hindu marriage act 1995 is void. Consent of first wife has no value in the eye of the law.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1912 Answers
19 Consultations
5.0 on 5.0