BIGAMY

BIGAMY


GSLEGAL

Bigamy is an offence committed where a person contracts marriage again during the life time former husband and wife.
our penal code provides section 494 related to bigamy.
second marriage is void when the first marriage is subsisting.
bigamy is a punishable offence under Indian law.
the punishment is prescribe for such an offence is imprisonment for seven years and fine.

there are exceptions-

1.the marriage between husband and wife is declared void by competent court.
2.if the former husband or wife has been continually absent for seven years, and have not been heard of as being alive within that time period.
provided that the real facts must have not be revealed to person with whom subsequent marriage is contract.

The main object of this provision is to punish persons who become unfaithful to first partner.

This section is not applicable to Muslim males who are allow to marry more than one wife according to their personal law.

But this section apply to Muslim females and it applies to Hindu Christians and parsis.

Essentials of this provisions-

1) The accused has contracted a previous marriage.
2) Marriage with such person was a valis marriage.
3) He contracted a second marriage.
4) First wife or husband is exiting at second marriage was contracted.
5) The spouse of accused with whom he or she has married is still alive.
6)First marriage is subsisting at the time of second.

GSLEGAL