Husband married again without divorce? Bigamy law in India — Section 82 BNS (old 494 / 495 IPC: up to 7 years, 10 years if the first marriage was hidden), why it is a complaint case before the Magistrate (Section 219 BNSS, old 198 CrPC), proving the second marriage, the second marriage being void, maintenance and residence for the first wife, rights of the second wife and children, Muslim law, conversion and the Uttarakhand UCC (2026)
Clear guide for a wife who learns her husband has married another woman while their marriage still subsists — and for a second wife who was not told about the first marriage: when a second marriage is void and a crime, the exceptions, who can file a bigamy complaint and where, what evidence courts look for, why converting religion to remarry does not help, your civil options (declaration, divorce, maintenance, protection and residence orders), and the legal position of the second wife and children. Educational only — not legal advice. Adhiwakta does not file complaints or petitions or contact any party.
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When is a second marriage void?
For Hindus (including Sikhs, Jains and Buddhists), Section 5(i) of the Hindu Marriage Act, 1955 requires that neither party has a living spouse at the time of marriage, and Section 11 makes a marriage in breach of this void. Marriages under the Special Marriage Act, 1954 (Section 4(a)) — and Christian and Parsi marriages under their own laws — follow the same one-spouse rule. A void marriage has no legal effect as a marriage, though children are protected (see below). Muslim personal law permits a Muslim man to have up to four wives, so his second marriage is generally not void and Section 82 BNS does not usually apply to him — unless he married under the Special Marriage Act or a law such as Uttarakhand’s Uniform Civil Code applies.
The crime: Section 82 BNS (old 494 and 495 IPC)
Since 1 July 2024, Section 82(1) of the Bharatiya Nyaya Sanhita, 2023 punishes anyone who, having a living husband or wife, marries again in a case where the second marriage is void for that reason — imprisonment up to seven years and fine (old Section 494 IPC). Section 82(2) (old 495) raises this to up to ten years and fine where the former marriage was concealed from the new spouse. Section 17 of the Hindu Marriage Act and Section 44 of the Special Marriage Act apply these penal provisions to bigamous marriages under those Acts. The exceptions: the earlier marriage had been declared void by a court, or the earlier spouse had been continually absent for seven years and not heard of as alive — provided the new spouse was told the real facts before the marriage.
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It is a complaint case — not a normal FIR
Under the BNSS First Schedule both offences in Section 82 are non-cognizable and bailable, triable by a Magistrate of the first class. Section 219(1) BNSS (old 198 CrPC) says a court can take cognizance of offences against marriage only on a complaint by the person aggrieved. Where the aggrieved person is the wife, the complaint may be made on her behalf by her father, mother, brother, sister, son or daughter, or her father’s or mother’s brother or sister — and by other relatives only with the court’s leave. In practice this means a private complaint before the jurisdictional Magistrate, who records statements and decides whether to summon the accused; the Calcutta High Court noted in 2025 that Section 82(2) must proceed as a complaint case, not through a police FIR. If other cognizable offences are alleged — for example cruelty under Section 85 BNS (old 498A) or criminal intimidation — those can be reported to the police separately.
Proving the second marriage
The Supreme Court held in Bhaurao Shankar Lokhande v. State of Maharashtra (1965) that for bigamy the second marriage must be shown to have been performed with the essential ceremonies required by the parties’ law (for example saptapadi where it is essential) — living together or an admission alone may not be enough. Useful evidence can include wedding photos and videos, invitation cards, a marriage registration certificate, temple or Arya Samaj records, witnesses who attended, and documents where the husband names the second woman as wife (school records, nominations, ID, social media posts). Keep copies safe and note dates and places.
Converting religion to remarry does not help
In Sarla Mudgal v. Union of India (1995) and Lily Thomas v. Union of India (2000) the Supreme Court held that a Hindu husband who converts to Islam only to marry again does not dissolve his first marriage; the second marriage is void and he can be prosecuted for bigamy. A first marriage under the Hindu Marriage Act ends only by a court decree of divorce or nullity.
Civil remedies for the first wife
You can seek a declaration in the Family Court that the second marriage is void (Section 7, Explanation (b) of the Family Courts Act covers declarations about the validity of a marriage). If you want to end your own marriage, adultery, cruelty and desertion are grounds under Section 13 HMA (see the contested divorce guide); adultery is no longer a crime after Joseph Shine (2018) but is still a ground for divorce. For maintenance, the Explanation to Section 144 BNSS (old 125 CrPC) treats a husband marrying another woman or keeping a mistress as a just ground for the wife to live separately and still claim maintenance, and Section 18(2)(d) of the Hindu Adoptions and Maintenance Act gives the same right where the husband has another wife living. Under the Protection of Women from Domestic Violence Act, 2005 you can seek protection, residence and monetary orders from the Magistrate.
If you are the second wife and were not told
If your husband hid his first marriage, Section 82(2) treats this more seriously, and you are a person aggrieved who can complain. Although your marriage is void in law, the Supreme Court in Badshah v. Urmila Badshah Godse (2013) allowed maintenance under old Section 125 CrPC to a second wife who had been kept in the dark, saying the husband cannot benefit from his own fraud. Depending on facts, cheating provisions and the Domestic Violence Act may also be relevant.
Children of the second marriage
Section 16 of the Hindu Marriage Act makes children of void and voidable marriages legitimate. A three-judge bench of the Supreme Court in Revanasiddappa v. Mallikarjun (2023) held that such children are entitled to their parents’ property, including the share their parent would get on a notional partition of ancestral property, but they do not become coparceners in their own right and cannot claim the property of other relatives. Children can also claim maintenance from their father under Section 144 BNSS regardless of the parents’ marital status.
Muslim women and State laws
A Muslim wife whose husband takes another wife can seek divorce under Section 2(viii)(f) of the Dissolution of Muslim Marriages Act, 1939 if he does not treat her equitably in accordance with the injunctions of the Quran (see the Muslim talaq / khula guide). In Uttarakhand the Uniform Civil Code, 2024 requires that neither party has a living spouse at marriage, for all communities except Scheduled Tribes. Assam’s Assembly passed a Bill to prohibit polygamy in November 2025 — check whether it has come into force before relying on it. Government employees are also bound by service conduct rules that restrict a second marriage.
Practical first steps
Collect proof of your own marriage (certificate, photos, invitations) and of the second marriage; note the dates and the place it happened, which decides the Magistrate’s territorial jurisdiction along with other connecting factors. Do not confront the husband or the other woman in a way that risks your safety; if you face violence or are being thrown out of the shared household, the protection and residence orders under the Domestic Violence Act can be sought urgently. Women are eligible for government legal aid from the District Legal Services Authority under Section 12 of the Legal Services Authorities Act, 1987, whatever their income.
What this guide is not
It does not tell you whether a particular second marriage is valid, whether a complaint will succeed, or what amount of maintenance a court will order. Personal laws, State laws and the facts of each marriage differ.
How Adhiwakta can help
We do not file complaints, petitions or cases, or contact husbands, families, police or courts. Adhiwakta is a facilitation platform, not a law firm. We do not file cases, appear before any authority, or promise any result. Use Ask Adhiwakta to describe your situation for general guidance from an independent advocate, or start with the AI helper to organise your facts and papers. Educational only — not formal legal advice.
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Frequently asked questions
- What is the punishment for a second marriage without divorce?
- Under Section 82(1) BNS (old 494 IPC), up to seven years’ imprisonment and fine where the second marriage is void because a spouse is living. If the first marriage was hidden from the new spouse, Section 82(2) (old 495) allows up to ten years and fine.
- Can the police register an FIR for bigamy?
- Bigamy under Section 82 BNS is non-cognizable and bailable, and Section 219 BNSS (old 198 CrPC) allows cognizance only on a complaint by the aggrieved person. So it is normally a private complaint before the Magistrate. Other cognizable offences, such as cruelty, can be reported to police.
- Who can file the bigamy complaint for the wife?
- The wife herself, or on her behalf her father, mother, brother, sister, son, daughter, or her father’s or mother’s brother or sister. Other relatives by blood, marriage or adoption need the court’s leave (Section 219(1)(c) BNSS).
- What proof is needed to prove a second marriage?
- Courts require proof that the second marriage was performed with the essential ceremonies of the applicable law (Bhaurao Shankar Lokhande, 1965). Photos, videos, invitation cards, registration records and witnesses who attended help; living together alone may not be enough.
- Can a Hindu husband convert to Islam and marry again?
- No. The Supreme Court held in Sarla Mudgal (1995) and Lily Thomas (2000) that conversion does not dissolve the first Hindu marriage; the second marriage is void and bigamy proceedings can follow.
- Can the first wife claim maintenance if the husband remarried?
- Yes. The Explanation to Section 144 BNSS (old 125 CrPC) treats the husband marrying another woman as a just ground for the wife to live separately and still claim maintenance; Section 18(2)(d) HAMA gives a Hindu wife a similar right.
- Are children from the second marriage legitimate?
- Yes. Section 16 HMA makes children of void marriages legitimate. In Revanasiddappa (2023) the Supreme Court held they can inherit their parents’ property, including the parent’s share in ancestral property on notional partition, but they are not coparceners in their own right.
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