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Can a person marry again without disclosing the marriage to his first wife who is alive?

If a man or a woman marries again when the first spouse is still alive and that too without his/her knowledge, the said marriage is null and void as per the law and thus an offence. Section 494 of the IPC says: “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 of either description for a term which may extend to seven years, and shall also be liable to fine.” However, the Section also clarifies that such a marriage can be allowed under a few exceptions.

Section 495 of the IPC deals with the same offence on the grounds that the first marriage was not disclosed to the second wife or husband. It says: “Whoever commits the offence defined in the last preceding Section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

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