Law4u - Made in India

How does the law handle cases of bigamy?

28-Sep-2024
Family

Answer By law4u team

In India, bigamy, which refers to the act of marrying one person while still being legally married to another, is addressed under various laws depending on the individual's religion and the applicable personal law. Here's how different laws handle cases of bigamy: Hindu Marriage Act, 1955: Section 5(i): States that a Hindu man or woman can only have one spouse at a time. A marriage is invalid if either party has a living spouse from a previous marriage. Section 11: Declares a marriage void if either party has a spouse living at the time of marriage. Section 17: Specifies that a Hindu who commits bigamy is punishable under Section 494 and 495 of the Indian Penal Code. Indian Penal Code, 1860 (IPC): Section 494: Addresses the punishment for marrying again during the lifetime of a spouse. It specifies that a person who marries again while their spouse is alive and without obtaining a divorce is punishable with imprisonment for up to seven years and a fine. Section 495: Adds a provision for punishment if the person conceals the fact of a previous marriage from the second spouse. It also includes imprisonment for up to seven years and a fine. Muslim Personal Law: Muslim Marriage: Under Islamic law, a Muslim man can have up to four wives at the same time, but a Muslim woman cannot have more than one husband at a time. Bigamy is not punishable for Muslim men under their personal law, but the practice is subject to conditions and regulations under the law. Dissolution of Muslim Marriages Act, 1939: Provides for the dissolution of marriage and may be relevant in cases where the second marriage is contested or where divorce is sought. Special Marriage Act, 1954: Section 44: States that a marriage under this Act is void if either party has a spouse living at the time of the marriage. It also provides grounds for divorce in case of bigamy. Criminal Procedure Code, 1973 (CrPC): Provides the procedure for investigating and prosecuting cases of bigamy. A complaint can be filed with the police, and legal proceedings can be initiated based on the investigation. Judicial Pronouncements: The courts have interpreted and applied these laws in various cases. For instance, the Supreme Court has emphasized the need for compliance with personal laws and has ruled on the validity and consequences of bigamous marriages. Important Considerations: Valid Marriage: For a marriage to be considered valid, the prior marriage must be legally dissolved, or the spouse must be deceased. Criminal Offense: In many cases, bigamy is treated as a criminal offense under the IPC and can lead to criminal charges and penalties. Civil Consequences: Bigamy can also have civil implications, including the invalidation of the second marriage and issues related to property and inheritance. Overall, the handling of bigamy in India involves a combination of personal laws and statutory provisions, with criminal penalties for those who engage in bigamous practices while their previous marriage is still legally valid.

Family Verified Advocates

Get expert legal advice instantly.

Advocate Sandip K Patel

Advocate Sandip K Patel

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Divorce, Domestic Violence, Family, Cyber Crime

Get Advice
Advocate Gobinda Sarkar

Advocate Gobinda Sarkar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Medical Negligence, Motor Accident, Muslim Law, Patent, R.T.I, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Shilpashree

Advocate Shilpashree

Civil, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Anticipatory Bail

Get Advice
Advocate Sujeet Rajkumar Singh

Advocate Sujeet Rajkumar Singh

Anticipatory Bail, Arbitration, Child Custody, Cheque Bounce, Breach of Contract, Civil, Court Marriage, Cyber Crime, Divorce, Domestic Violence, Landlord & Tenant, Labour & Service, Family, Medical Negligence, Motor Accident, Media and Entertainment, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Revenue

Get Advice
Advocate Abhijeet Dubey

Advocate Abhijeet Dubey

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Child Custody, Divorce, Documentation, Domestic Violence, Family, International Law, Labour & Service, Landlord & Tenant, Immigration, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Vipin Bihari

Advocate Vipin Bihari

Anticipatory Bail, Arbitration, Court Marriage, Divorce, Criminal, Cyber Crime, Family, Domestic Violence, Civil, Cheque Bounce, Muslim Law, Motor Accident, R.T.I, Succession Certificate

Get Advice
Advocate Narsimha Ale

Advocate Narsimha Ale

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Succession Certificate, High Court, Landlord & Tenant, Medical Negligence, Property, Revenue, R.T.I, Recovery, RERA, Startup, Child Custody, Cyber Crime, Documentation, Labour & Service

Get Advice
Advocate Vasupalli Venu

Advocate Vasupalli Venu

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Criminal, Family, Child Custody, Domestic Violence, Divorce, Cyber Crime, Recovery, Arbitration, Consumer Court, Documentation, R.T.I, Motor Accident

Get Advice
Advocate Divya Gaur

Advocate Divya Gaur

Anticipatory Bail,Cheque Bounce,Court Marriage,Criminal,Divorce,Family,Domestic Violence,Motor Accident,Muslim Law,Arbitration,R.T.I,

Get Advice
Advocate Hardeep Jakhar

Advocate Hardeep Jakhar

Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, Succession Certificate, Tax, Trademark & Copyright, Revenue, Bankruptcy & Insolvency, Arbitration, RERA, Startup, Wills Trusts, Supreme Court

Get Advice

Family Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.