A wife who finds out that her husband has married someone else, without any divorce, has both criminal and civil remedies. Whether the second marriage is an offence depends on the personal law that governs the marriage. This guide explains the law and the first wife’s options.
When a second marriage is void
A second marriage while the first spouse is alive and the first marriage is not dissolved is void for:
- Hindus, Buddhists, Jains and Sikhs (Sections 5(i) and 11 of the Hindu Marriage Act, 1955);
- anyone married under the Special Marriage Act, 1954, whatever their religion;
- Christians and Parsis under their marriage laws.
Under Muslim personal law, a man may marry up to four wives, so a Muslim husband’s second nikah is not void merely for that reason. However, if the first marriage was registered under the Special Marriage Act, the bar applies to him too.
The offence: Section 82 BNS
| Provision | Conduct | Punishment |
|---|---|---|
| Section 82(1) BNS (formerly 494 IPC) | Marrying again during the lifetime of a husband or wife, where the second marriage is void for that reason | Up to 7 years and fine |
| Section 82(2) BNS (formerly 495 IPC) | The same, while concealing the first marriage from the new spouse | Up to 10 years and fine |
There are exceptions: where the earlier marriage has been declared void by a court, or where the first spouse has been continuously absent and not heard of for seven years and the new spouse was told the facts.
How the case is started
Offences relating to marriage are treated differently from ordinary crimes. Under Section 219 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), formerly Section 198 CrPC, a court takes cognizance of these offences on a complaint by the person aggrieved, usually the first wife, or certain relatives on her behalf. In practice, a private complaint is filed before the Magistrate rather than an FIR at the police station. Under Section 219 of the BNSS, a court takes cognizance of offences under Sections 81 to 84 of the BNS only on a complaint by the person aggrieved.
Proving the second marriage
The prosecution must prove that the second marriage was actually performed with the essential ceremonies of the applicable law. Mere cohabitation or a photograph is not enough. Useful evidence includes a marriage certificate or registration record, wedding invitations, photographs and videos of the ceremony, the priest’s or witnesses’ testimony, and documents in which the second woman is described as his wife (passports, bank or insurance nominations, school records of children).
The first wife’s civil remedies
- Divorce: the husband’s second marriage can support a petition on the ground of adultery (Section 13(1)(i) of the Hindu Marriage Act) or cruelty (Section 13(1)(ia)).
- Declaration: she can seek a declaration from the Family Court that the second marriage is void.
- Maintenance: under Section 144 BNSS, a wife may refuse to live with a husband who has married again and still claim maintenance; the BNSS provision expressly treats his taking another wife as just ground for her refusal.
- Domestic Violence Act: residence, protection and monetary orders.
- Muslim women: a decree under the Dissolution of Muslim Marriages Act, 1939 where the husband does not treat her equitably with the other wife.
What about the second woman?
A woman who married him without knowing of the first marriage is not herself guilty of bigamy; the Madras High Court has said that she and the first wife may both be victims of the same deception. Children of a void marriage are treated as legitimate under Section 16 of the Hindu Marriage Act.
First steps
- Collect proof of your own marriage: certificate, photographs, nikahnama or registration.
- Gather what you can about the second marriage: date, place, who attended, any registration.
- Note your expenses and his income for a maintenance claim.
- Take advice on the order of steps: complaint, maintenance, DV Act application and divorce can run together.
Frequently asked questions
Can I file an FIR for bigamy?
Generally the case proceeds on a complaint to the Magistrate under Section 219 BNSS, not an FIR. If there is also cruelty or cheating, those offences may be reported to the police.
Is there a time limit?
The general limitation bar on taking cognizance applies only to offences punishable with up to three years, so it does not apply to Section 82, but delay can weaken evidence, so act promptly once you learn of the marriage.
He says it was only a temple ceremony, not registered. Does that matter?
Registration is not what makes a marriage. What matters is whether the essential ceremonies were performed, which is a question of evidence.
See also: husband having an affair, maintenance under Section 144 BNSS and divorce proceedings.
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This guide describes general law as understood in October 2026. It is not legal advice; the facts and personal law of each case matter, so take advice before acting.