Bigamy in India: Understanding the Legal Landscape

Introduction
Bigamy, the act of marrying another person while having a living spouse, is a contentious issue in India. The legal framework surrounding bigamy is crucial to maintaining the sanctity of marriage and protecting individual rights. In this article, we delve into the essentials of bigamy, relevant penal provisions, and recent developments in Indian law.

Essentials

Legal Prohibition: Under Section 494 of the Indian Penal Code (IPC), it is explicitly prohibited. If a person marries another during the existence of a valid marriage, the subsequent marriage is considered void from the outset.

Conditions:

The first marriage must be legally valid.

The second marriage should have taken place.

Both spouses must be alive at the time of the second marriage.

Exceptions to the Rule

There are a few exceptions to the bigamy law in India:

• If the first marriage has been declared null and void by a competent court.

• If the first spouse has been continuously absent for seven years and presumed dead, provided the person contracting the second marriage informs their new spouse about the first marriage.

Classification of Offence

• Nature: It is a non-cognisable offence, meaning it requires a court order for investigation.
• Bailability: It is a bailable offence, allowing the accused to seek bail.

Who Can File a Complaint?

1. Wife: If deceived by her husband’s second marriage, the wife or her close relatives (father, mother, brother, sister) can file a complaint.
2. Husband: Only the husband can file a complaint against his bigamous spouse.

Compoundable Offence

• It charges can be compounded if both spouses consent and the competent court permits.

Bigamy vs. Polygamy

• Bigamy: Occurs when a person legally married to one spouse contracts another marriage.
• Polygamy: Refers to having multiple spouses simultaneously. While bigamy is illegal under IPC, Muslim men can have up to four wives under Sharia Islamic law.

Recent Judgment

1. Supreme Court Judgment (2023): The Supreme Court reaffirmed that queerness is natural and not ‘un-Indian.’ It emphasised that India has known queerness since ancient times.
2. PIL Seeking Uniform Bigamy Law: The Supreme Court sought the government’s response on enforcing bigamy as an offence for all citizens, irrespective of religion.
3. In a landmark judgement in 2018, the Supreme Court of India clarified that even a live-in relationship cannot be considered a marriage for the purpose of the bigamy exception under Section 494 of the IPC [1]. This judgement reinforces the seriousness with which bigamy is viewed in India.

Conclusion

It undermines the institution of marriage and disrupts family harmony. As we navigate legal complexities, remember that LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., stands ready to provide premium legal services, litigation finance, and Legal protection for businesses and individuals. Trust LawCrust for excellence and immediate assistance.

Seeking Legal Help

If you suspect bigamy or have questions about the legalities of marriage in India, consulting with a qualified lawyer is crucial. Law firms like LawCrust Legal Consulting can provide expert advice and legal representation in those cases. Contact +91 8097842911 | bo@lawcrust.com.