Lalallalaala 06 January 2022
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 07 January 2022
Bigamy is a criminal offence when a legally married individual marries for the second time during the life of the first spouse. Polygamy, on the other hand, is not considered an offence. But it is a religious practice where a person has more than one wife at the same time.
Aarushi 07 January 2022
In this scenario 2 things can happen from what I understand.
Firstly, any marriage which occurred when either party already has a spouse is void under Section 17 of the Hindu Marriage Act, 1955 and punishable under Section 494 of the Indian Penal Code. The punishment in such cases can be imprisonment which may extend up to 7 years along with fine.
Secondly, whoever, produces fake documents is liable for punishment for forgery under Section 465 of the Indian Penal Code. Here, the punishment is imprisonment up to 2 years or fine, or both.
The case which you mention here, you father has produced a fake marriage certificate which will come under forgery and also, since he claims to have a marriage certificate, it implies that he was already married during the second marriage, which calls for punishment for bigamy. Now, depending on the type of action you want to take, you can go for either these.
I hope I was able to solve your query. Please leave follow up questions, if any.
Lalallalaala 07 January 2022
Sudhir Kumar, Advocate (Advocate) 12 January 2022
You have not been able to put facts clearly.