bigamy
BIGAMY
Before 1955 polygamy was practiced –
i. Unlimited in case of Hindus ii. Limited(to 4) in case of Muslims
But Christian, Parsi and Jewish Law did not allow bigamy in any form.
In Lahaul valley of HP & Thiyas of Malabar polyandry by custom is there.
In 1955 it was abolished by the HMA has been made penal offence u/s 494, 495 of IPC sentence may extend to 7 years imprisonment and if fact of first marriage was concealed from the spouse – term of imprisonment may extend to 10 years
In Sarla Mudgal v UOI AIR 1995 SC 1531, the SC criticized the practice of conversion to Islam for the sake of contracting II bigamous marriage ‘coz that enables them to marry again without getting their first marriage dissolved.
The ruling was reaffirmed in the case of Lily Thomas v UOI AIR 2000 SC 1650. Also held: plurality of marriage is not unconditional right conferred on the Muslim husband. There is a precondition that he should have the capacity to do justice between the co-wives.
Under Hanafi Law – 5 marriages are not void but merely irregular and can be regularized by divorcing one wife.
Exception – a Sunni taking a 5th wife is not guilty of Bigamy u/s 494, 495 of IPC ( Shahumeedu v Subajda ( 1970)
But a Shia Husband who takes 5th marriage (where 5th marriage is void) can be prosecuted for bigamy.
So, one who marries during the lifetime of his or her spouse commits an offence of bigamy – provided his first marriage is not null & void.
In M. M. Malhotra v UOI AIR 2006 SC 80, Husband married a woman whose marriage was in subsistence but was void. Hence, held subsequent marriage would not be bigamous.
If former marriage is voidable, then also bigamy is committed.
Varadrajan v State of Madras AIR 1965 SC 1964, Bigamy where requisite formalities of marriage have been performed at the time of the solemnization of II marriage.
Priya v Suresh AIR 1971 SC 1153, held second marriage cannot be treated to be
Before 1955 polygamy was practiced –
i. Unlimited in case of Hindus ii. Limited(to 4) in case of Muslims
But Christian, Parsi and Jewish Law did not allow bigamy in any form.
In Lahaul valley of HP & Thiyas of Malabar polyandry by custom is there.
In 1955 it was abolished by the HMA has been made penal offence u/s 494, 495 of IPC sentence may extend to 7 years imprisonment and if fact of first marriage was concealed from the spouse – term of imprisonment may extend to 10 years
In Sarla Mudgal v UOI AIR 1995 SC 1531, the SC criticized the practice of conversion to Islam for the sake of contracting II bigamous marriage ‘coz that enables them to marry again without getting their first marriage dissolved.
The ruling was reaffirmed in the case of Lily Thomas v UOI AIR 2000 SC 1650. Also held: plurality of marriage is not unconditional right conferred on the Muslim husband. There is a precondition that he should have the capacity to do justice between the co-wives.
Under Hanafi Law – 5 marriages are not void but merely irregular and can be regularized by divorcing one wife.
Exception – a Sunni taking a 5th wife is not guilty of Bigamy u/s 494, 495 of IPC ( Shahumeedu v Subajda ( 1970)
But a Shia Husband who takes 5th marriage (where 5th marriage is void) can be prosecuted for bigamy.
So, one who marries during the lifetime of his or her spouse commits an offence of bigamy – provided his first marriage is not null & void.
In M. M. Malhotra v UOI AIR 2006 SC 80, Husband married a woman whose marriage was in subsistence but was void. Hence, held subsequent marriage would not be bigamous.
If former marriage is voidable, then also bigamy is committed.
Varadrajan v State of Madras AIR 1965 SC 1964, Bigamy where requisite formalities of marriage have been performed at the time of the solemnization of II marriage.
Priya v Suresh AIR 1971 SC 1153, held second marriage cannot be treated to be