If a person gets remarried without obtaining a valid and legal divorce from their first spouse, it is considered bigamy, which is a criminal offence under Section 82 of the BNS,2023. This means that the second marriage is legally void, and the person can be punished with imprisonment up to 7 years and a fine.
In the eyes of the law, a valid marriage must be formally ended either through divorce by mutual consent, contested divorce, annulment, or other legal dissolution methods, depending on personal law. Until then, a second marriage is not just invalid but also punishable. For example, if a husband remarries without divorcing his first wife, the second wife has no legal recognition as a spouse. The first wife can file a criminal case, and the husband may face jail time, especially if he hid his first marriage. Similarly, a woman cannot legally marry another man without obtaining divorce from her first husband.
However, this law applies only when both marriages are solemnized under the same personal or civil law (like Hindu Marriage Act or Special Marriage Act). Muslims, under their personal law, are permitted multiple marriages under certain conditions, but even then, procedural requirements and fairness must be followed. Courts take bigamy seriously as it causes emotional and financial harm to both spouses and children. Therefore, remarriage must always be done only after a formal divorce decree has been passed by a competent court.

If a husband or wife gets a court order for judicial separation (which means the court allows them to live separately without ending the marriage), or a court order for restitution of conjugal rights (which means the court tells the other spouse to come back and live together again), and the other person does not follow the court’s order for at least 1 year, then the person who got the court order can use this as a strong reason to ask for divorce. In legal terms, non-compliance (not following the court’s order) for 1 year or more becomes a valid ground for divorce under Section 13(1A) (i) and (ii) of the Hindu Marriage Act, 1955.
Example: (i) If the wife gets a judicial separation order in 2022, and the husband does not try to live with her again till 2023, she can apply for divorce based on that.
(ii)If the husband gets a restitution order telling the wife to return home, and she does not come back within 1 year, he can file for divorce.