Can a person remarry without getting divorce?

Can a married man legally marry a married woman through court marriage without getting a divorce?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 06 Jul 2026

Dear Client, No. A person who is already legally married cannot marry another person without first obtaining a valid divorce from the existing spouse. If a married man and a married woman try to marry through a court marriage without first dissolving their existing marriages, such a marriage may not be legally valid and may also have legal consequences, depending on the law applicable to them. They should first obtain a valid divorce before marrying each other. Hope this helps. Please feel free to reach out to us if you have any further queries or need assistance.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 06 Dec 2025

Dear Client, A married person cannot remarry without getting a divorce. This amounts to bigamy, which is a punishable offense in India. Your second marriage will be considered invalid. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Admin
Advocate By LEAD INDIA Answered: 17 Apr 2025

Under Indian law, bigamy is a punishable offense. A married person cannot marry another without first obtaining a legal divorce. The second marriage, if done without divorce, is void and can lead to imprisonment and penalties. Legal separation is necessary before remarriage. For further legal assistance contact us on our helpline number. 
 

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