Author : Vipin Upadhyay
Marriage laws other than that of the Muslims now in force in the country prohibit bigamy and treat a bigamous marriage as void. For this reason a marriage to which any of these laws apply attracts the anti-bigamy provisions of the Indian Penal Code which are applicable to a bigamous marriage if it is void under the governing law for the reason of being bigamous [Sections 494-495].
Bigamy is the act or condition of any person marrying (any form of marriage) yet another person while still being lawfully married.To constitute Bigamy under Section 494 IPC, the second marriage had to be a valid marriage duly solemnized and as it was not so solemnized it was not a marriage at all in the eye of law and was therefore invalid. The essential ingredient constituting the offence of Bigamy is the “marrying” again during the lifetime of husband or wife in contrast to the ingredients of Section 498A. The thrust is mainly “marrying” in Section 494 IPC. Continue reading “Bigamy”