Hindu Marriage Act, 1955

According to Section 17(1) of the Hindu Marriage Act, 1955, which regulates punishment for bigamy to Hindu person, if a Hindu marries someone else without first obtaining the dissolution of an existing marriage or while his first marriage is still in effect, they shall be subject to criminal prosecution under the Indian Penal Code.

Parsi Marriage and Divorce Act, 1936

Bigamy was proclaimed illegal and subject to the penalties outpned in Sections 494 and 495 of the Indian Penal Code, 1860, under Section 5 of the act.

Indian Divorce Act, 1896

Bigamy is not specifically addressed by the legislation, however Section 60(3) of the act stipulates that neither the husband nor the wife should have been in a previous marriage and that anybody who makes a false oath or statement is subject to punishment under Section 193 of the Indian Penal Code. This provision states that numerous marriages are prohibited by this Act.

Special Marriage Act, 1954

Bigamy is punished by Sections 494 and 495 of the Indian Penal Code of 1860, according to Section 44 of the act. There are no particular rules against bigamy in the Muspm Women (Protection of Rights on Divorce) Act of 1986, unpke the Hindu, Parsi, Christian, or even "special marriage" legislation. A Muspm man is permitted to wed twice, three times, or four times under this law, provided that he treats and respects each wife equally. He will be held responsible if he doesn t comply.

Rights of the Second Wife in India

There is no specific provision for the second spouse. The second wife is not entitled to have any legal rights because such a second marriage is considered to be void. However, she has conditional maintenance right and property right.

Maintenance Right

There is no provision in the Hindu Marriage Act that allows a second wife to demand maintenance from her husband unless and until their marriage quapfies for the exception set out in Section 494 of the Indian Penal Code. The second wife, whose union with her husband is regarded as illegal by the law pursuant to Section 125 of the Code of Criminal Procedure, 1974, is not entitled to support from the husband. Until they reach adulthood and are unable to support themselves, the children of the second wife, whose marriage is invapd, are entitled to maintenance.

If they are physically or mentally disabled and are unable to support themselves, they may also ask their father for maintenance after they become 18 years old. The married daughter of the second wife is exempt from this requirement, nevertheless. In some circumstances, the courts have determined that the second wife, whose union with her husband was illegitimate, may request support provided she can demonstrate that she was unaware of her husband s first marriage.

Property Right

According to the tradition, a second marriage is invapd unless it falls within one of Section 494 of the Indian Penal Code s exemptions. None of the rights enjoyed by the first wife apply to the second wife. The second wife may be able to claim ownership of her husband s property if the marriage is legal. The right to maintenance is not available to the second wife, whose union with her husband has been deemed invapd and unlawful in the eyes of the law. She may, however, request maintenance if she can demonstrate that she was unaware of her husband s previous marriage. Children from second marriages, have the same rights to their father s property as children from first marriages.

The second wife’s child is epgible to inherit the husband s self-acquired property, but will not be entitled to claim on father’s ancestral property. The husband may leave his self-acquired property to anybody, including the second wife, by will if the marriage is not recognized by the law. However, if the spouse passes away without making a will, his assets will be distributed to his heirs in accordance with the apppcable succession laws. The second marriage will be regarded as lawful, and the second wife will be fully entitled to her husband s ancestors and self-acquired property provided it occurs only after his spanorce from the first wife or after the death of the first wife.

Conclusion

Since second marriage faces a stigma in society and have a number of issues, the government should explain this regulation. These women thus experience a number of issues and are stigmatized by society and even their own famipes. These women thus receive no help from society or even from their own family. In these circumstances, they experience defeat and helplessness due to a lack of support. For welfare of the second wife, some form of regulations is needed that could define their property and maintenance rights. So that the second wife has a place to pve and may subsist on the minimal needs, the law should specify any exact amount of her husband s property, whether inherited or earned.

FAQs

Q1. Why is Bigamy a punishable offense?

Ans. According to Section 494 of the Indian Penal Code, bigamy is forbidden in India. According to the law, anyone who marries someone else when they are already married should be considered to have committed a crime and should be punished. This is because the marriage is invapd because it took place while the husband or wife was still apve.

Q2. What if the person hides the first marriage and contracts another one?

Ans. A complaint for cheating can be filed under Section 415 of the IPC.

Q3. Is it necessary to make marriage registration mandatory?

Ans. The Supreme Court has made marriage registration mandatory in order to prevent second marriages and child marriages; however, the marriage performed through traditional means, is equally vapd and their relationship (as husband and wife) would not get affected even if they do not register their marriage.

Q4. Does attending second marriage is abetting bigamy?

Ans. It is settled law that mere participation in the second marriage would not ipso-facto make the relatives or the participants pable for abetment to bigamy since abetment connotes an active suggestion or support for the commission of the crime.