It’s no surprise that most marriages in India are unregistered. This is because, under personal laws such as the Hindu Marriage Act, of 1955, a marriage may be considered valid if the prescribed ceremonies and rites have been duly performed—even if the marriage is not formally registered. However, the complications arise when separation and remarriage come into the picture. We spoke to Siddharth Chandrashekhar, Advocate & Counsel Sr. Panel Counsel: Department of Revenue Intelligence [DRI], Directorate of GST Intelligence [DGGI], CBIC, Mumbai to understand whether an unregistered married couple can remarry to another partner after mutual separation.
Can A Mutually Separated Couple Remarry?
According to Siddharth, even if a couple has separated mutually and informally, they remain legally married until a formal divorce is obtained through the court process. He highlighted that remarriage without a legal divorce would likely constitute bigamy.
Complexity Of Legal Marriage Without Divorce?
In India, marriage is not merely a legal contract but a holy institution. Additionally, in India marriage is considered an indissoluble commitment because it goes beyond legal complexities. From personal liberties to religion, and societal norms, remarriage without formal divorce in India is a tricky matter.
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What Law Says?
In Section 5 of the Hindu Marriage Act of 1955, the situation and conditions that make marriage legal are stated thoroughly, while section 11 of the Hindu Marriage Act of 1955 states the requirements and conditions for a second marriage. This section states that under any circumstances, a second marriage without divorce is void and null if a family court does not legally divorce the first.
Siddharth highlighted that registration or the lack thereof does not change this principle. In essence, regardless of whether a marriage is registered, the marriage continues to exist in the eyes of the law until it is formally dissolved. Hence, a party cannot lawfully remarry unless a court has granted a divorce decree.
If a person commits bigamy or a Second marriage without a divorce with his wife, he will be charged guilty under Sections 494 and 485 of the Indian Penal Code, which also have been stated in Section 17 of the Hindu Marriage Act of 1955.
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