What Are the Laws Against Bigamy?

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Bigamy refers to the act of marrying one person while still legally married to another. It is considered a criminal offense in many jurisdictions.

Brief Detail:

  1. Legal Prohibition: Under Indian law, bigamy is prohibited. The relevant laws include:
    • Hindu Marriage Act, 1955: Section 11 states that any second marriage during the lifetime of the first spouse is void.
    • Muslim Personal Law: Allows for multiple marriages, but the first wife must be aware, and the husband must be able to provide for all wives equally.
    • Special Marriage Act, 1954: Section 6 prohibits bigamous marriages.
  2. Penalties: Bigamy is punishable under various sections of the Indian Penal Code (IPC):
    • Section 494: Punishes the act of marrying again while the first marriage is subsisting with imprisonment of up to seven years and a fine.
    • Section 495: Involves the same punishment as Section 494, but applies if the second marriage is conducted without the knowledge of the first spouse.
  3. Legal Proceedings: Victims of bigamy can file a complaint with the police, who may initiate an investigation leading to prosecution.
  4. Judicial Decisions: Courts have reinforced that a marriage is void if conducted in violation of these laws, and any claims made under such marriages are not recognized.

Summary:

Bigamy is illegal in India, with strict prohibitions and penalties under various laws, ensuring that individuals can only have one spouse at a time unless permitted by specific personal laws.

Answer By Law4u Team

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