Remarrying **without obtaining a valid divorce** from a living spouse is a **serious legal offence in India**, and it carries **civil and criminal consequences**, regardless of your religion or personal law.

Legal Consequences of Remarrying Without Divorce**

1. **Bigamy is a criminal offence**

Under **Section 494 of the Indian Penal Code (IPC)**:

> “Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with **imprisonment up to 7 years**, and shall also be liable to fine.”

This means the second marriage is **legally void**, and the person can be **prosecuted**.


2. **Section 495 IPC – Concealment of Former Marriage**

If someone hides the existence of a prior spouse and remarries:

> Punishment: **Up to 10 years of imprisonment** + fine.


3. **Void Marriage Under Personal Laws**

* **Hindu Marriage Act, 1955 (Section 11)**: A second marriage without dissolving the first is **void ab initio** (from the beginning).
* **Special Marriage Act, 1954**: Second marriage without divorce = **void** + **criminal liability**.
* **Christian Law & Parsi Law**: Second marriage before valid divorce is **illegal and void**.
* **Muslim Law**:

* **Muslim men** may have up to four wives (in India), but:

* It can still lead to **civil consequences** (e.g., inheritance, maintenance, legal disputes).
* **If married under the Special Marriage Act**, **monogamy is mandatory**.
* **Muslim women** **cannot remarry** unless the first marriage is dissolved through **divorce or death**.


4. **Civil Consequences**

* The second marriage has **no legal status**.
* The second spouse **may not have legal rights** (e.g., inheritance, maintenance, legitimacy of children can be questioned).
* The first spouse can:

* File a **criminal case for bigamy**
* Seek **injunction or damages**
* Use it as a **ground for divorce/cruelty**


5. **Consequences for Children of the Second Marriage**

* Children are **legitimate** under **Section 16 of the Hindu Marriage Act**, even if the marriage is void.
* They have rights to **parental property**, but not necessarily to **ancestral property** of extended family (in some interpretations).