Question:
Can a wife marry someone else while still living with her husband? What should be done if the wife wants to marry again? And if she does marry another man while still married, can legal action be taken against the first husband or the second husband?
Answer:
In Bangladesh, the legality of a wife remarrying during her first marriage is governed by personal laws (such as Muslim Family Laws Ordinance or the Hindu Marriage Act), and the consequences vary depending on the specific circumstances.
1. Can a Wife Marry Again While Living with Her Husband?
- No, a wife cannot marry another man while still legally married to her husband. Under Muslim law and Hindu marriage law, a marriage is monogamous (except in certain cases under Muslim law where polygamy is allowed with conditions).
- If a wife wants to marry again, she must first obtain a divorce or separate legally from her first husband. Remarrying during the first marriage without divorce is illegal and could be considered bigamy.
2. What to Do if the Wife Wants to Marry Again?
- If the wife wants to marry someone else, she must seek a divorce (either through mutual consent or a court process) from her current husband. Once the divorce is finalized, she is legally allowed to marry again.
- If the husband agrees, they may proceed with mutual divorce (Khula) in the case of a Muslim marriage, or divorce by court in the case of Hindu law.
3. Legal Action if the Second Marriage Happens During the First Marriage:
- If a woman remarries during her first marriage, it is considered illegal under both Muslim and Hindu personal laws. The consequences can involve legal actions such as:
- Bigamy charge: The second marriage may be void and subject to legal proceedings. The first husband has the right to file a complaint.
- Legal action against the second husband: If the second marriage occurs during the first marriage, the second husband may face legal consequences under Section 494 and 495 of the Bangladesh Penal Code, which deal with the punishment for bigamy.
- Criminal prosecution: If proven, both the wife and second husband can be prosecuted for bigamy, which is a criminal offense punishable by imprisonment.