It is well known that bigamy or polygamy is not allowed as per the Hindu Law and anyone taking another spouse while still being legally married to someone else shall be punished if the aggrieved spouse files a complaint. Polygamy refers to having many spouses, while in case a male when has multiple wives such a practice is called polygyny.
Polygamy is forbidden amongst the Hindus in India since the implementation of the Hindu Marriage Act, in 1955. Polygamy is forbidden as well as unlawful for a Hindu or someone embracing Hinduism. A Hindu cannot have two spouses at the same time, in case he/she does so, then the second wife or husband would be regarded as illegitimate. As per the Hindu Marriage Act, the first spouse has the right to initiate legal proceedings against the wrongdoer.
Polygamy as per the Hindu Law-
The introduction of the Hindu Marriage Act, of 1955 abolished as well as criminalized polygamy. Monogamy was the only option allowed to the Hindus. Through the Act, it was made explicit that a Hindu spouse may not marry until the first marriage has been terminated, either by way of divorce or the death of one of the spouses.
Provisions of Law-
As per the provision of Section 11 of the Hindu Marriage Act, 1955, polygamous marriages among the Hindus are void, hence mandating monogamous marriages amongst the Hindus.
Section 17 of the Act, provides for punishment if someone performs polygamy marriages.
Also, Sections 494 and Section 495 of the IPC define polygamous marriages as a criminal offense.
Hence, as per the provisions of Sections 5, 11, and 17 of the Act, bigamous or polygamous marriages are criminal offenses.
Section 5 of the Hindu Marriage Act, 1955
As already mentioned above, the Act of 1955 prohibits polygamy amongst Hindus. The provision of Section 5 provides that neither party of the marriage should have a spouse living at the time of marriage. The language of the provision explicitly proves that polygamy in Hindus is not allowed as per the Act.
Essential Conditions to constitute Bigamy or Polygamy
To constitute the crime of bigamy following conditions are necessary to be fulfilled-
Existence of a previous marriage- if it is proved that either of the parties to the marriage was previously married at the time the marriage in question took place and the previous spouse was still alive, then the second marriage would be a criminal offense. In case the first marriage was legally valid, then in such a situation, the second marriage shall be void and in case the previous marriage was not valid, then the second marriage shall not amount to the offense of bigamy.
To prove that second marriage constituted the crime of bigamy, it is important that the marriage was completed after the proper procedure for marriage was followed. In case, the second marriage so constituted was not valid, it would not amount to bigamy.
It is important for the offense of bigamy to be constituted, that the first spouse from the previous marriage should be alive, as well as should be a legally wedded spouse at the time of the second marriage.
Exceptions-
A second marriage shall not be a crime as per the HMA, if-
The first marriage was declared to be void by the competent judicial authority
In case the first husband or wife has been absent for a continuous period of seven years from the life of their spouse, then in such a situation, the second marriage would not constitute the offense of bigamy if at the time of the second marriage then he/she informed the other partner of their first marriage.
If the first marriage has been dissolved by divorce.
Conclusion
It could be inferred from the above discussion that bigamy or polygamy are criminal offenses as per Hindu Law. In case you need free legal advice or talk to a lawyer online for the same, you may contact us at Lead India. As we offer you a team of experienced advocates who have years long experience in the same and could successfully handle cases related to family law or criminal law, including issues such as court marriages as well. Thus, if you seek advice or assistance for court marriage through Court Marriage Lawyers In Delhi, Court Marriage Lawyers In Gurgaon, or Court Marriage Lawyers In Noida in your city.
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