It is a well-known fact that bigamy or polygamy is not allowed among the Hindus as per the Hindu Law and anyone taking another spouse while still being legally married to someone else would be punished if the aggrieved spouse files a complaint. Polygamy means to have many spouses, while in the case of a male when he 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, of 1955. It is forbidden as well as unlawful for a Hindu or someone embracing Hinduism to have more than one spouse. 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. For further information, you may contact an experienced court marriage lawyer in Noida.
Polygamy as per the Hindu Law-
With the introduction of the Hindu Marriage Act, of 1955 polygamy was abolished as well as criminalised. Through the Act, it has been made explicit that a Hindu spouse may not marry until the first marriage has been terminated, either through a divorce or the death of the previous spouse.
Provisions of Law-
As provided under Section 11 of the Hindu Marriage Act, 1955, polygamous marriages amongst the Hindus are void, hence mandating monogamous marriages amongst the Hindus.
As provided under Section 17 of the Act, punishment is prescribed if someone performs polygamy marriages.
Sections 494 and Section 495 of the IPC define polygamous marriages as a criminal offence.
Hence, as provided under Sections 5, 11 and 17 of the Act, bigamous or polygamous marriages are criminal offences.
Section 5 of the Hindu Marriage Act, 1955
As has already been mentioned above, the Act of 1955 prohibits polygamy amongst Hindus. The provision of Section 5 of the Act provides that neither party of the marriage should have a spouse living at the time of the current 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
For the crime of bigamy to be committed the following conditions are necessary to be fulfilled-
Existence of a previous marriage- it has to be proved that either of the parties to the marriage was previously married at the time the present marriage in question took place and the previous spouse was still alive at the time of the marriage in question, then the second marriage would be a criminal offence. If the first marriage was legally valid, then in such a situation, the second marriage would be void and in case the previous marriage was not valid, then the second marriage will not amount to the offence of bigamy.
To prove that the second marriage constituted the crime of bigamy, it is necessary that the marriage was solemnised after the proper procedure for marriage was followed. If the second marriage was not valid, it would not amount to bigamy.
It is necessary for the offence 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 should not be a crime as per the HMA, if-
The first marriage was declared to be void by the competent judicial authority
If 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 result in the offence of bigamy if, at the time of the second marriage, then he/she informed the other partner of their first marriage.
In case the first marriage has been dissolved by divorce.
Conclusion
It could be understood from the above discussion that bigamy or polygamy are criminal offences as provided by Hindu Law. If you need free legal advice or talk to a lawyer online about the legal provisions related to family law, 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, in case 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.
Visit Us: - https://www.leadindia.law
Call Us: - +91-8800788535
Email: care@leadindia.law
Facebook: - https://www.facebook.com/leadindialaw
LinkedIn: - https://www.linkedin.com/company/76353439
Twitter: - https://twitter.com/leadindialaw
Pinterest:- https://in.pinterest.com/lawleadindia
Comments