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(Guest)

Attending 2nd marriage is abetting bigamy: Court

SOURCE - https://zeenews.india.com/news/nation/attending-2nd-marriage-is-abetting-bigamy-court_715039.html

 

New Delhi: Close relatives of a person actively participating in key ceremonies of one's marriage for a second time during existence of the first marriage are guilty of abetting bigamy, a Delhi court has ruled.

Additional Sessions Judge Kamini Lau has held this while summoning the close family members of a man and his second wife to face trial for abetting bigamy for actively participating in key rituals of the man's second marriage.

"In a case where the close relatives of the husband and the alleged second wife, despite having knowledge, participated in the actual essential ceremonies, then they are certainly guilty of abetment of the offence of bigamy," said ASJ Lau.

"It is a settled law that mere participation in the second marriage would not ipso-facto make the relatives or the participants liable for abetment to bigamy since abetment connotes an active suggestion or support to the commission of the crime.

"However, at the same time, those closely associated with the conduct of essential ceremonies of marriage and having actively supported the conduct of the second marriage cannot be let off since that would defeat the very purpose of the provision," ASJ Lau said.

"Bigamy is out-lawed in India except among Muslims and is an offence punishable under the law. Courts in India look down upon bigamy which is more rampant among men. Multiple marriages socially and legally punish women more than men and it is the aggrieved first wife who silently suffers the miseries caused by such a second marriage of the husband," the court said.



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 8 Replies

Tajobsindia (Senior Partner )     25 June 2011

Dr. Kamini Lau is though known for her far reaching mature remarks under various family law matters since her THC, Delhi days before she got shifted to other District Court in Delhi but what I find amusing in her this latest self perceptive comment is missing ness of gender neutrality so the que. to watch now is what will be ladyship’s remarks on Adultery Laws hope this time she does not only refer to Wiki which she is quite found of to refer in her majority of trial Courts orders but also set the gender neutrality in Family Laws !

We academic professionals are keenly watching you ladyship...........


PS.: Fair amount of constructive criticism to Judiciary is not Contempt of Court so before aiming your taza taza guns upon me kindly read Lordships Katju's interpretation on contempt of Court I placed in public domain some months back.

 

priya (student)     25 June 2011

finally something correct in law and in morality both is adjudicated by courts

1 Like

Dalip Kumar Chhabra (Advocate)     26 June 2011

Mere attending second marriage is not  covered under any  crime.  But if the facts and circustances suggest any evidence of ur involvement in getting the second marriage contacted, than the same is a crime.   If u r not satisfy, challenge the verdit in high court.  Her's is not the final court. 

Roshni B.. (For justice and dignity)     26 June 2011

participating in such a marriage,blessing the new "couple",giving them gifts,showing your happiness by dancing/singing during such a marriage shows the conscience of the participants is dead long back.

They cannot empathise with the sufferings of the silent wife whom they are "killing silently".such actions do not require legal knowledge of what bigamy is/is not.it requires morality and a heart.morality is the basis of all laws.

such acts are surely equivalent to abetting bigamy.So such abettors deserve punishment.


(Guest)

Brilliant! Now at least the relatives will speak up instead of leading an innocent woman to the slaughterhouse.

 

1 Like

(Guest)

@roshni B..

"morality is the basis of all laws.'

 

rather simplistic

Ms. Dave (Housewife)     22 September 2011

I believe that the relatives of a bigamist must definitely be summonned as normally the close relatives are involved in abbetting bigamy. Close relatives most of the times are very much aware as they attend both marriages, They atleast know internally that they have not attended the court for accused divorce........but still when caught, they act as if they do not anything.

Second Marriage is difficult without close relatives, hence they are involved in abbetting bigamy.

Lastly, I believe gender equality should not be there because for that males will have to become like females physically. As females are more prone to damages, sufferrings, due to her body built up........hence divorce damages, a lady more then a male. Life ahead for a single lady is more difficult...............

By the way, where the concept of gender equality goes when it come to other issues like number of coached in a local train for female vs. male. Why more male coaches are there???

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 September 2011

Actually, its abetment, if one knows that it is the second marriage during the subsistance of the first marriage.

 

If the person was not aware of the fact, it won't be the crime.

 

I think this judgement is in line with other judgements from higher courts, including Bom and P&H High Court

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

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