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Bigamy i.e. second marriage during the lifetime of a first spouse is illegal in India. Second marriage and the relationship arising out of it do not have any validity. Section 5 of the Hindu Marriage Act, 1955, clearly states that a marriage could be valid only if neither of the party has a living spouse at the time of marriage. Section 11 of the Act declares second marriage to be null and void.
A person commits bigamy when he/she:
has 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.
Thus, bigamy is an offence only if the first husband or wife is alive. Even if second marriage is performed with the consent of first spouse, it is an offence. In case of a divorce dissolving a valid marriage, the parties obtaining such dissolution can remarry.
Even though the law is very clear on second marriage, yet it is a common practice in India. Given the case, the laws are very dicey for the second wife and she is not much protected by law. The second wife is not entitled to any share in husband's property. The children of the second wife, however, are entitled to get a share in their father's self-acquired property. The second wife can claim interim maintenance from her husband.
Complaint under the Act
The person aggrieved can file a case of bigamy either in court or at the police station. The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code. A petition for declaring the second marriage as void can be filed by the parties of second marriage and not the first spouse.
Complaint for cheating can be filed under section 415 of IPC in case the person hides the fact of first marriage.
Punishment under the Act
Bigamy is a non-cognizable offence. It is bailable and compoundable with the permission of court if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. Such offence under section 495 is not compoundable.
Voidable Marriages
Voidable marriages are those which are void at the option of the aggrieved party. Such marriages can be annulled by a decree of nullity on any of the following grounds :
That her husband exchanged professing Christianity and gone through a form of marriage with another woman, That the marriage has not been consummated owing to the impotence of the Respondent. That the marriage is been performed with a person of unsound mind or having a mental disorder or suffering from recurrent attacks of epilepsy That the consent of the Petitioner or its Guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the Respondent. To succeed on this ground, it is necessary that the Petition must be presented in the Court within one year after the force has ceased to operate or the fraud has been discovered. It is also necessary that after the force has ceased or fraud discovered, the Petitioner has not, with consent, lived with the other side. - That the Respondent was at the time of marriage pregnant by some person other than the Petitioner.
read it care fully and decide is 7 or 10 yrs punishment enough for men like Dev, there is yet another loophole 7 yrs are some times counted as 3 & 1/2 yrs or 5 yrs counting day and night seperately
read & think care fully and answer and also read the line in blue and tell do you want Maaneet to marry now
pls comment waitng for your verdict
and do hit the like tab Edited by smj1977 - 14 years ago
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