Bigamy And Matrimonial Offences
📌 What is Bigamy?
Bigamy means marrying a second person while already being legally married to someone else.
It is generally prohibited under Indian law, except in certain communities where personal laws permit polygamy (like Muslim Personal Law).
⚖️ Legal Provisions on Bigamy and Matrimonial Offences
1. Indian Penal Code (IPC), 1860
Section 494: Punishment for bigamy.
Whoever marries again during the lifetime of a husband or wife is punishable with imprisonment up to 7 years and fine.
Section 495: Marriage ceremony after previous marriage is void.
Section 496: Marriage to a person who has a spouse living.
Section 498A: Cruelty by husband or relatives.
Section 306: Abetment of suicide (can be linked to cruelty in matrimonial disputes).
2. Special Marriage Act, 1954
Prohibits bigamous marriages solemnized under this Act.
Section 17 declares the second marriage null and void if the first spouse is still alive.
3. Personal Laws
Hindu Marriage Act, 1955: Bigamy is prohibited; only one spouse is allowed.
Muslim Personal Law: Permits up to four wives under certain conditions.
Christian and Parsi Laws: Bigamy is prohibited.
⚖️ Detailed Case Laws on Bigamy and Matrimonial Offences
1. State of Punjab v. Ram Singh
Citation: AIR 1955 SC 549
Importance: Defined bigamy and established punishment under IPC.
Facts:
The accused married a second time without divorcing his first wife.
Held:
Supreme Court held that such a second marriage is void and punishable under Section 494 IPC.
The Court held that bigamy is a criminal offence, not just a civil wrong.
🧠 Key Takeaway: Bigamy is a criminal offence punishable by law irrespective of the community unless exempted.
2. Sarla Mudgal v. Union of India
Citation: (1995) 3 SCC 635
Importance: Landmark case about bigamy and conversion to Islam to evade monogamy laws.
Facts:
Hindu men converted to Islam to contract second marriage, arguing Muslim law permits polygamy.
Held:
Supreme Court held that conversion to Islam for the sole purpose of contracting second marriage does not dissolve the Hindu marriage.
Bigamous second marriage remains void and punishable under Section 494 IPC.
Court urged legislature to take remedial measures.
🧠 Key Takeaway: One cannot evade bigamy laws by converting religion; existing marriage remains valid.
3. Lata Singh v. State of U.P.
Citation: (2006) 5 SCC 475
Importance: Right to marry chosen partner despite family opposition.
Facts:
Lata Singh married a man of her choice against family wishes, who opposed the marriage citing bigamy and other reasons.
Held:
Supreme Court upheld right of adult to marry by choice.
Court said bigamy allegations should be independently proved.
Emphasized personal liberty and right to marry under Article 21.
🧠 Key Takeaway: Individual freedom to marry is protected; mere family opposition cannot prevent lawful marriage.
4. V. Revathi v. Union of India
Citation: (1988) 1 SCC 645
Importance: Addressed cruelty under Section 498A IPC.
Facts:
Wife alleged cruelty and harassment for dowry leading to separation.
Held:
Supreme Court broadened the definition of cruelty to include mental and physical harassment.
Recognized cruelty causing mental trauma and injury to wife is punishable.
🧠 Key Takeaway: Matrimonial cruelty includes physical, mental, and emotional torture, actionable under criminal law.
5. Anil Kumar v. State of Haryana
Citation: AIR 2011 SC 1537
Importance: Bigamy and the need for clear proof.
Facts:
Man accused of bigamy, married second wife without divorce from first.
Held:
Supreme Court stressed the importance of proof beyond reasonable doubt for bigamy.
Mere assertion or suspicion not enough.
Presumption arises only if the first marriage is shown to be valid and alive.
🧠 Key Takeaway: Burden of proof is on prosecution to establish bigamy.
6. Vishnu Ram Shinde v. State of Maharashtra
Citation: 1999 CriLJ 4082 (Bombay HC)
Importance: Validity of second marriage after divorce decree.
Facts:
Second marriage performed before divorce decree was granted.
Held:
Second marriage solemnized before the divorce is void and punishable.
Until divorce decree is final, second marriage is not valid.
🧠 Key Takeaway: Divorce must be legally finalized before remarrying.
7. Dhanwanti v. State of Maharashtra
Citation: 1994 CriLJ 2030 (Bombay HC)
Importance: Bigamy under Muslim law and exceptions.
Facts:
Husband married second wife under Muslim personal law.
Held:
Polygamy permitted under Muslim law; bigamy charges not applicable.
However, courts protect rights of women under maintenance and other statutes.
🧠 Key Takeaway: Bigamy laws differ by personal laws; Muslims allowed polygamy under certain conditions.
🧠 Summary Table of Key Case Contributions
| Case Name | Key Legal Point |
|---|---|
| State of Punjab v. Ram Singh | Bigamy is criminal offence under IPC 494 |
| Sarla Mudgal v. Union of India | Conversion to avoid bigamy law not permitted |
| Lata Singh v. State of U.P. | Right to marry by choice protected; bigamy needs proof |
| V. Revathi v. Union of India | Cruelty includes mental torture under Section 498A |
| Anil Kumar v. State of Haryana | Bigamy prosecution requires proof beyond reasonable doubt |
| Vishnu Ram Shinde v. Maharashtra | Second marriage before divorce decree is void |
| Dhanwanti v. State of Maharashtra | Muslim polygamy exceptions and protections for women |
✅ Conclusion
Bigamy is a criminal offence punishable under IPC unless personal laws exempt it.
Courts require clear proof and safeguard individual rights to marry.
Matrimonial offences like cruelty and harassment are taken seriously to protect spouses, especially women.
Personal laws and the Special Marriage Act regulate matrimonial rights differently for various communities.
Courts actively protect personal liberty, gender justice, and lawful matrimonial relations.
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