Bigamy and polygamy are prohibited by Hindu law, as is taking another spouse while remaining lawfully married to another person. If the offended spouse makes a complaint, the offender will be penalized. Polygamy refers to having various spouses, while in a situation where a male has multiple wives, such a practice would be called polygyny.
With the implementation of the Hindu Marriage Act, 1955, polygamy has been deemed forbidden among Hindus in India. Polygamy is rendered forbidden as well as unlawful for a Hindu or someone who has embraced Hinduism. Hence, a Hindu cannot have two spouses at the same time; if he or she does so, then the second wife or husband will be regarded as illegitimate. As provided under the Hindu Marriage Act, 1955, the first spouse has the right to initiate legal proceedings against the wrongdoer. For further information on the subject, it is advised to seek guidance from experienced divorce lawyer in Delhi.
Polygamy as per Hindu Law
With the introduction of the Hindu Marriage Act, 1955, polygamy has been abolished as well as criminalized. Monogamy is the only option allowed to Hindus. Through the Act, it has been made explicit that a Hindu spouse cannot marry until the first marriage has been terminated, either by a divorce or the death of the spouse.
Provisions of Law
As per Section 11 of the Hindu Marriage Act, 1955, polygamous marriages among Hindus are void; hence, monogamous marriages have been mandated among them.
Section 17 of the Act would provide for punishment if someone performed polygamous marriages.
Also, under Sections 494 and 495 of the IPC, polygamous marriages have been defined as criminal offenses.
Hence, as provided under Sections 5, 11, and 17 of the Act, bigamous or polygamous marriages are criminal offenses.
Section 5 of the Hindu Marriage Act, 1955
As has already been mentioned above, the Act of 1955 prohibits polygamy among Hindus. The provision under Section 5 of the Act provides that neither party to the marriage would have a spouse living at the time of marriage. The language of the provision explicitly proves that polygamy among Hindus is not allowed as per the Act.
Essential Conditions to constitute Bigamy or Polygamy
In order to constitute the crime of bigamy, the following conditions are required to be fulfilled:
Existence of a previous marriage: if it has been proved that either of the parties to the marriage were previously married at the time the marriage in question was solemnized and the previous spouse was still alive, then in such a situation, the second marriage would be a criminal offense. If the first marriage was legally valid, then the second marriage would be void.
and if the previous marriage was invalid, then second marriage would not amount to the offense of bigamy.
In order to prove that second marriage constituted the crime of bigamy, it is necessary that the second marriage be completed after following the proper procedure for marriage. If the second marriage so solemnized was invalid, it would not amount to bigamy.
It is necessary for the offense of bigamy to be constituted that the spouse from the previous marriage be alive and be a legally wedded spouse at the time of the second marriage.
Exceptions-
According to the HMA, the second marriage's solemnization would not constitute a crime if
The first marriage has been declared null and void by the appropriate court authorities.
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 shall not constitute the offense of bigamy if, at the time of second marriage, he or she has informed the other partner of their first marriage.
In case the first marriage has been dissolved by divorce.
What about the validity of the Second marriage in case the divorce from the previous marriage is still pending?
In a recent judgment, the Supreme Court clarified that a second marriage will be valid even if divorce proceedings for the first marriage are pending in court, provided that both parties to the first marriage have amicably parted ways and have decided not to contest the decision.
The Apex Court further observed that the Hindu Marriage Act is social welfare legislation and therefore cannot be interpreted as if the laws have been cast in stone.
Conclusion
From the explanation above, it may be concluded that bigamy and polygamy are crimes under Hindu Law. If you need free legal advice or wish to talk to a lawyer for matters related to legal provisions, such as the topic of can court marriage be done in one day, you may contact us at Lead India, as we offer you a team of experienced advocates who have years of experience dealing with the same cases and could successfully handle cases related to family law or criminal law as well as matters involving Court marriage in Delhi or your own city.
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