Bigamy is the act of marrying another person while already being legally married to someone else. In simple terms, when a man or woman gets married again during the lifetime of their spouse without a valid divorce, it is called bigamy.
Under Indian law, bigamy is a punishable offence, especially in the context of Hindu, Christian, and Parsi marriages where monogamy (one spouse at a time) is the legal rule.
Legal Provisions for Bigamy in India
The punishment and illegality of bigamy vary depending on the personal law of the individual and the criminal law provisions.
1. Hindu Law
- Under Section 5 of the Hindu Marriage Act, 1955, a Hindu marriage is valid only if neither party has a living spouse at the time of marriage.
- Section 17 of the Act declares bigamy to be void and punishable under the Indian Penal Code.
2. Indian Penal Code (IPC), 1860
- Section 494: Bigamy is punishable with up to 7 years in prison and a fine.
- Section 495: If the person hides the fact of the previous marriage, punishment can extend to 10 years.
3. Muslim Law
- Muslim men are allowed to marry up to four wives under certain conditions, but they must treat each wife equally and follow the religious procedures.
- Muslim women, however, cannot have more than one husband at the same time.
- Despite this, if a Muslim is married under the Special Marriage Act, bigamy becomes punishable under IPC.
4. Christian Law
- Under the Indian Divorce Act, 1869, a Christian cannot remarry unless the previous marriage has been lawfully dissolved.
- Bigamy is punishable under IPC.
5. Special Marriage Act, 1954
- Under Section 44, any person married under this Act is strictly prohibited from entering a second marriage while the first is valid.
- Punishable under IPC Sections 494 and 495.
Is Bigamy a Valid Marriage?
No. The second marriage is void ab initio (invalid from the beginning) if it occurs while the first marriage is still legally valid. The spouse in the second marriage does not have any legal marital status, and this has serious implications for property rights and maintenance.
Legal Rights of Women in Bigamy Cases
Women who are victims of bigamy have several legal protections:
1. First Wife’s Rights
- Can file a criminal case under Section 494 IPC.
- Entitled to maintenance under Section 125 CrPC.
- Can seek divorce on the ground of cruelty or adultery.
- Can claim custody of children and property rights.
- May initiate civil proceedings for nullity or injunction.
2. Second Wife’s Rights
- Although the marriage is invalid, the second wife may:
- Seek maintenance under Section 125 CrPC if she was unaware of the prior marriage.
- Claim protection for her children, who are considered legitimate under Section 16 of the Hindu Marriage Act.
Proof Required in Bigamy Cases
To prove bigamy, the following evidence is needed:
- Valid proof of the first marriage (certificate, photos, witnesses).
- Evidence that the second marriage was solemnized (photos, videos, invitation cards, witness statements).
- Proof that the first marriage was not legally dissolved.
Without clear proof of both marriages, conviction is difficult in court.
Punishment for Bigamy
| Section | Offence | Punishment |
|---|---|---|
| IPC 494 | Bigamy | Up to 7 years imprisonment + fine |
| IPC 495 | Bigamy with concealment | Up to 10 years imprisonment + fine |
Important Judgments on Bigamy in India
- Sarla Mudgal v. Union of India (1995): The Supreme Court held that a Hindu husband cannot convert to Islam just to marry again without divorcing his first wife. Such a second marriage is void and amounts to bigamy.
- Lily Thomas v. Union of India (2000): Reiterated that conversion of religion to solemnize a second marriage without dissolving the first is illegal.
