Legal Question in Family Law in India

Re: Second Marriage

There is no doubt that if first wife complaints he will be prosecuted for Bigamy. Moreover the conversion is colourful conversion and has no validity in the eyes of law as the conversion was only for the purpose of performing second marriage.

Re: Second Marriage

Hello.

The second marriage is illegal.

Re: Second Marriage

The second marriage is illegal; however, only the first wife can make a complaint of bigamy seeking prosecution of her husband.

Re: Second Marriage

yes he is wrong. its illegal. however we request you to please use this forum for your help and not for discussions as we can reply only limited questions and such questions may take the chance of some needy

bye

Re: Second Marriage

Relevant parts of the laws are reproduced below. Such laws are applicable on those who are Hindu by religion at the time of bigamy. This has no any affect on the person who had Hindu wife before he is converted. As soon as one is converted, applications of Hindu laws become inoperative. This reply is without prejudice and without intent to hurt the feelings of people of any religion.

The Hindu Marriage Act, 1955

17. Punishment of bigamy.- Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

Indian Penal Code, 1860

Section 494. Marrying again during lifetime of husband or wife.---Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.---Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.