BIGAMY! A request guys ,please read this.

I have been reading the opinions of the forum members and I got a feeling that many of us are not aware of the Indian Bigamy laws. I have gone through the laws and these are the following important points:

Please take a look. It is a great source of information to have and in addition it helps us to understand the consequences of the serial:

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 and she is not addressed as the man's wife ,but the second woman.

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.

However, bigamy shall not apply if:

• the first husband or wife is dead, or
• the first marriage has been declared void by the Court of competent jurisdiction, or
• the first marriage has been dissolved by divorce, or
• the first spouse has been absent or not heard of continually for a space of seven years. The party marrying must inform the person with whom he or she marries of this fact.

The law is very clear on second marriage. Given the case, the laws are very dicey for the second women and she is not much protected by law. The second woman is not entitled to any share in husband's property. The children of the second woman, however, are entitled to get a share in their father's self-acquired property. The second woman can claim interim maintenance from her husband.

In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act.

Interim maintenance under Section 20 is also allowed.

The children from the second wife are entitled to share in their father's self –acquired property.

Complaint under the Act

Anyone who has witnessed the illegal act can file a case of bigamy either in court or at the police station 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 bail able 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.

Originally posted by: anusarkar

I have been reading the opinions of the forum members and I got a feeling that many of us are not aware of the Indian Bigamy laws. I have gone through the laws and these are the following important points:

Please take a look. It is a great source of information to have and in addition it helps us to understand the consequences of the serial:

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 and she is not addressed as the man's wife ,but the second woman.

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.

However, bigamy shall not apply if:

• the first husband or wife is dead, or
• the first marriage has been declared void by the Court of competent jurisdiction, or
• the first marriage has been dissolved by divorce, or
• the first spouse has been absent or not heard of continually for a space of seven years. The party marrying must inform the person with whom he or she marries of this fact.

The law is very clear on second marriage. Given the case, the laws are very dicey for the second women and she is not much protected by law. The second woman is not entitled to any share in husband's property. The children of the second woman, however, are entitled to get a share in their father's self-acquired property. The second woman can claim interim maintenance from her husband.

In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act.

Interim maintenance under Section 20 is also allowed.

The children from the second wife are entitled to share in their father's self 'acquired property.

Complaint under the Act

Anyone who has witnessed the illegal act can file a case of bigamy either in court or at the police station 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 bail able 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.

Originally posted by: k_83

Nice post and nice information Anu . I want to know if in case of Bigamy can the second wife also get punishment and his parents(husband) also?

Originally posted by: soapbubble

Thanks Anu!

Normally my thought would have been the CVs are trying to focus on this issue and question the social sanction that bigamy enjoys. That they are trying to raise a din about it and have their heroine quesiton it repeatedly till the message goes in.

Alas, I can no longer offer that explanation with any confidence because the creatives do seem to have meandered off course. 😕 Still they have corrected course slightly by making Pratigya oppose this marriage, so let us hope they do dissolve it quickly.😃

But you hang in there - I love the effort you've put in gathering all this. 👏👏
👏Bubble

Originally posted by: joiningnow

From the posts of AnuSarkar, I can say she is a very strong woman, always speak against the atrocities against the women and a very good writer too. I really appreciate your efforts and your intelligence. I guess you are a lawyer. It will be really nice to know about the wonderful person like you.

Originally posted by: laks76

Anu thanks a lot for the post. You gave a lot of legal information which the woman had to know. that is so nice of you. i think practically when we see this kind of situvation we also search for the law points. Now for the story part Anu i don;t think the cv will deviate from this. they bought arushi to the TN how they will get her out or is there any plan in their mind even for that is a question. now also Pratigya is still standing she is not reporting or doing anything. she is just opposing. i know probably she is waiting for the right opportunity because if she does anything everything and everyone will go against her like the FIR. when will the CV show something positive everything which pratigya is doing is backfiring to her. how will she come back. but they have to do something abt this track. what r they planning to do in the future.