What is Bigamy?
Bigamy refers to the act of marrying another person while the first spouse is still legally alive
and the marriage has not been dissolved. In India, bigamy is considered a punishable offense under
specific provisions of law.
Legal Provisions Related to Bigamy
Bigamy is governed by different laws in India depending on the religion and personal laws applicable:
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Hindu Marriage Act, 1955: Section 17 makes bigamy illegal for Hindus, and
violators can face imprisonment or fines under Section 494 and 495 of the Indian Penal Code (IPC).
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Muslim Personal Law: Muslim men are permitted to marry up to four wives,
provided they treat all wives equally and fulfill their responsibilities. However, Muslim women
are not allowed to have more than one husband.
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Indian Penal Code, 1860: Section 494 prohibits a married individual from marrying
again while the first marriage subsists, except under specific exemptions.
Exceptions to Bigamy Laws
There are certain conditions under which bigamy may not be punishable, such as:
- The first marriage has been legally annulled or dissolved.
- The spouse from the first marriage is absent and has not been heard of for seven years or more.
- Customary practices of certain communities or tribes allow for bigamous marriages.
Consequences of Bigamy
Bigamy can lead to severe legal, social, and emotional consequences, including:
- Criminal charges under the Indian Penal Code (IPC).
- Social stigma and strained family relationships.
- Inheritance disputes and complications.