Bigamy - query
Aftab4u
(Querist) 06 December 2012
This query is : Resolved
Sirs,
A govt employee whose marriage was dissolved according to law before joining of the govt job and after a year of his service he married again. the first marriage and divorce was performed before joining the govt job and he again remarried after one year of joining of govt service will it lead to bigamy. and is he eligible for paternity leave.
Nadeem Qureshi
(Expert) 06 December 2012
there is no offence
Section 494. Marrying again during lifetime of husband or wife
Whoever, having 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, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction,
nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Compoundable by the husband or wife of the person so marrying with the permission of the court.
State Amendment
Andhra Pradesh
Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable
Raj Kumar Makkad
(Expert) 06 December 2012
I do agree with the detailed reply of nadeem.
ajay sethi
(Expert) 06 December 2012
nothing further to add
K.K.Ganguly
(Expert) 07 December 2012
1) If the marriage was dissolved as per law, where is the question of Bigamy coming in to the picture for the second marriage?
2) The second marriage is perfectly valid.
prabhakar singh
(Expert) 07 December 2012
There is no offense of bigamy committed in your case as the remarriage was done after dissolution of the first marriage you state.
Raj Kumar Makkad
(Expert) 07 December 2012
The facts of the query do not constitute bigamy.
