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Jatin (NA)     28 March 2013

Bigamy as per indian law

If a married person enters into a second marriage when his first wife is alive without getting divorce is Bigamy this is the general meaning everywhere in world.

Now what is exactly Bigamy as per Indian law and does the following cases be charged for Bigamy.

1. Husband and wife living 1 year separation period and on a week before the divorce decree husband solemnise Hindu ceremonial marriage without registration will this be considered Bigamy.How can it be considered Bigamy as after divorce from first wife?Is Bigamy a continuous offence?

2. If the second marriage is solemnised as per Hindu ceremony but the marriage is not consumated and the couples never lived together as husband and wife and there is no cohabitation will it constitute Bigamy.

 

The law states that Marriage registration is compulsory to curb child marriages and Bigamy but in Hindu marriages registration is not compulsory and in situation when a person is forced to enter a marriage ceremony then how can this be legal.You may search on youtube Indian forced marriage and you will find good example how Indian men are beaten and forced into marriage.



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 6 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     28 March 2013

Respected Sir,

It is essential to understand that the definiiton of bigamy as you have mentioned in your question is appropriate from the point of view of understanding its general meaning.

The situaion you mentioned does constitute the offence of bigamy as the previous marriage was not yet declared as a annulled from an appropriate court of law and hence it cnt be said to have been dissolved as per law. therefore entering into a subsequent marriage before annulement of the first one is an offence as per section 494 of the code.

As far as your query of the husband being forced into a  marriage goes, he always has the option of rendering his marriage to be decalred void by a court as his consent has not been obtained by free will and has been coerced.

In case the previous marriage is declarred to be a void marriage, then the person shall not be liable to be convicted of bigamy as per the judgement of  bahurao shankar lokhande vs maharasthra(1965)

It may also be pertinent to mention here that the offence of bigamy is not a cognizable one and therefore as per section 198 of the CRPC only a few persons are liable to make complaints or register complaints with the police or the magistrate for these offences.in case the person aggreived of the offence is a wife, then the complaint can be made on her behalf by her father,mother,son,daughter, brother,sisyter, uncle or aunt. In the situation you mentioned te previous wife wud anyway not complain in most probabilities as she is already about to take a divorce. So the complaint not being made may surface safety for the husband.But as such prima facie thge offence is made out

Jatin (NA)     28 March 2013

This means that for bigamy only requirement is a marriage ceremony and non consumation or cohabitation or registration is not taken into account.In other parts of world Bigamy constitute only when there is also consumation and cohabitation and not just by ceremony.

In case of forced marriages the time frame is 1 year and its always difficult to prove this in court.

Does it mean the second wife is aggreived person then her father,mother,brother,sister etc can also file case of Bigamy.

Is Bigamy a Extraditable offence when the second marriage is only ceremonial and not registered Hindu marriage ?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     28 March 2013

consumation or co habitation is no prerequisite for creating the offence os bigamy.

and yes the second wife's relatives can also file a complaint on her behalf. 

and well in the judgement i mentioned, the criminal court waited for the civil court to give its finding and till then the trial was sine die.....time frame does not matter therefore

Jatin (NA)     28 March 2013

What is the process to declare a forced Hindu wedding null and void after 1 year if the husband is a NRI and the marriage is not registered or consummated and there is no cohabitation.

ark (sales)     30 March 2013

HOW TO PROVE BIGAMY.. WHEN A WOMEN SAYS I WILL KEEP ANY MEN I WANT,, AND I WILL WILL FILE A CASE AGAINST YOU FOR HARRASMENT.. HOW TO GET RID OF SUCH A WOMEN...

Shantanu Wavhal (Worker)     12 April 2014

Jatin, 

dont try to find loopholes. The law is very clear.

in both the situations depicted by u, offense of bigamy u/s IPC 494 IS MADE OUT


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