I. Legal Foundation: Presumption of Death

Under Section 108 Evidence Act:

• If a person is not heard of for 7 years, they are presumed dead.
• BUT: Death is only a presumption of fact, not a legal declaration unless a court specifically declares it.

This creates the core dispute:

Can a spouse remarry safely on presumption alone?

Courts have consistently held:

• Presumption of death ≠ automatic termination of marriage
• Legal risk remains unless remarriage is in good faith and after due inquiry

II. Validity of Remarriage After Presumed Death

A remarriage is generally considered valid if:

• The spouse had been missing for 7+ years
• There was reasonable belief of death
• The second marriage was performed in good faith
• There was no knowledge that the spouse was alive

However:

• If the first spouse is alive, legal complications arise
• Bigamy charges may depend on intent and knowledge

III. Major Legal Disputes

1. Reappearance of first spouse

• Does second marriage become void?
• Is second spouse criminally liable?

2. Property & inheritance conflicts

• Rights of first spouse vs second spouse

3. Maintenance claims

• Whether first marriage continues legally

4. Criminal liability for bigamy

• Depends on knowledge and intent

IV. Key Case Laws (Important Judicial Principles)

1. LIC of India v. Anuradha (1994) 2 SCC 710

• Supreme Court clarified Section 108 Evidence Act.
• Presumption of death arises only after 7 years of disappearance.
• BUT court emphasized:
  • No automatic legal death certificate
  • Risk remains until formal proof or declaration

Principle:
Presumption of death is limited and cannot be stretched to assume legal certainty for all purposes.

2. State of Punjab v. Nirmal Singh (Principle from Evidence Law cases)

• Courts held presumption of death is rebuttable.
• Burden shifts once 7-year absence is proved.

Principle:
Presumption is evidentiary, not conclusive.

3. Sarla Mudgal v. Union of India (1995) 3 SCC 635

• Conversion-based second marriage held invalid under bigamy laws.
• Reinforces strict interpretation of monogamy under Hindu law.

Principle:
Second marriage during subsistence of first is void unless first marriage is legally dissolved or spouse is legally dead.

4. Lily Thomas v. Union of India (2000) 6 SCC 224

• Reaffirmed that:
  • Second marriage during existence of first is punishable bigamy.
  • Good faith does not always absolve criminal liability if first marriage subsists legally.

Principle:
Intent matters, but legal subsistence of marriage is crucial.

5. Bhaurao Shankar Lokhande v. State of Maharashtra (1965) 2 SCR 837

• Supreme Court clarified what constitutes “solemnization of marriage.”
• If essential rites not performed, second marriage may not amount to bigamy.

Principle:
For bigamy, valid solemnization of second marriage is necessary.

6. Savitaben Somabhai Bhatiya v. State of Gujarat (2005) 3 SCC 636

• Held that:
  • A woman in a void second marriage has no legal status as wife
  • Cannot claim maintenance under Section 125 CrPC (strict interpretation)

Principle:
Void marriage gives no spousal rights, even if entered in good faith.

7. Madan Mohan Singh v. Rajni Kant (2010) 9 SCC 209

• Discussed evidentiary value of long absence and marital status disputes.
• Reinforced that courts must carefully examine presumption vs proof.

Principle:
Marriage validity disputes require strict scrutiny of facts, not assumptions.

V. Key Legal Outcomes in Such Disputes

1. If first spouse is presumed dead and does NOT reappear:

• Second marriage is valid
• No criminal liability arises

2. If first spouse reappears:

Outcomes depend on timing and knowledge:

(a) Second marriage done in good faith:

• Generally protected from criminal intent
• But first marriage technically subsists unless legally dissolved

(b) Second marriage done with knowledge first spouse is alive:

• Bigamy liability likely

3. Property Rights Conflict

• First spouse retains marital rights unless legally declared dead and succession has occurred
• Courts may balance equities in exceptional cases

VI. Core Legal Principles Summarized

• Presumption of death ≠ legal death declaration
• Marriage subsists until:
  • divorce, or
  • legal death is conclusively presumed/declared
• Good faith matters, but does not always override statutory bigamy rules
• Courts prioritize legal subsistence of marriage over subjective belief