• Divorce

Can a Hindu marry twice before getting divorced?
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
In Hindu law a marriage can be solemnized only once. There is no provision per se to marry twice before getting divorced.

Also, with reference to the context, is the marriage solemnized with prior two were as per the Hindu rituals, compulsory for validating the marriage like, saptapadi and homa? or whether the marriage was entered through the court? or the marriage was entered into with same or two different individuals . There might arise a situation wherein the marriage performed may be void due to non performance of certain rituals as has been observed and reiterated by the courts in similar issues in several of its judgments.

However, assuming that both the marriages were duly performed adhering to the rituals with two different individuals and as per the law; there is no provision wherein a HIndu can marry twice before getting divorced.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
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Second marriage would be void.  Consequentially;
In the proceedings to declare the marriage as null and void, the second  wife shall be entitled to alimony. Criminal proceedings can also be launched against the husband by first wife. A child conceived from second marriage shall have inheritance rights.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0

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