Is it bigamy ?


This is a news from Jharkhand –

Two sisters have agreed to marry with one boy. The marriage ceremony will be performed at a time in the same mandap and threesome will perform saptpadi simultaneously. Both the families are Hindus and have happily consented for this marriage.

 

Does it constitutes bigamy? and

Is  this marriage  in violation of any of the provisions of Hindu Marriage Act ?

 
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UNEMPLOYED

YES, in general meaning it is bigamy.

But if the concerned three has no objection, then according to ipc readwith crpc it does not attract the provisions of concerned bigamy law of ipc & crpc.

yes it violates the HMA, sec 5 & 5(i). it will be a void marriage u/s 11.

the concerned act runs thus

5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:- (i)     Neither party has a spouse living at the time of the       marriage

11. Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.

 
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UNEMPLOYED

i read this case in news paper.

atleast 15 to 18 years ago, i read a similar type of case where two young boy married a girl. they were hapily   running their matrimony without dispute - as per the report of the magazine.

the place was dist madhubani, jharkhand.

 
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Legal Consultant / Solicitor

Definitely it is Bigamy . But time save from law.

 
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Advocate

I agree with your views regarding IPC and CrPC, Arup Sir. But I do not think it violates s.5(1) of HMA either. Because a person is called as spouse only after he /she gets married. Here, in this particular case, no one is a spouse of other before marriage. 

 
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Advocate

I do not think it is bigamy under any provisions. And if we consider the intention of the legislations also, there is no offence when parties do not object to the second marriage at any time. We know only first wife can take action for offence of bigamy. When she has no issues, then it is as good as no offence.

 
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Dear friends,

In this case, none of three has a living spouse before the marriage.

 
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Advocate

 :)

 
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Advocate

As pointed out by Arup, the statements of Law is very clear, that is any two Hindus and not not any three Hindus: that is two female with one male or two male with one female is clearly a case of  illegal marriage. More over, the statements of law is that conesnt of the parties no matter how joyously they entered can not cured the illegal acts as prohibited by law. Yes, it will be  a clear case of illegal marriage.

 
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Advocate

I agree with you, Assumi Sir.. But the question was whether it amounts to bigamy...   :)

 
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