Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. According to section 11 of the Hindu Marriage Act, 1955; “Any marriage solemnized after the commencement of this Act, shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clause (i), (iv) and (v) of section 5. “
Clauses of Section 5 that cannot be contravened:
(i) Neither party has a spouse living at the time of the marriage;
(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits marriage between the two;
(v) The parties are not sapindas of each other unless the custom or usage governing each of them permits marriage between the two;
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