Bigamy
BIGAMY
It means that, a person has been solemnized in a marriage & yet he/she decides to get in extr a-marital solemnized marriage with another partner without anybody’s knowledge.
Or
The act of being married to two people at the same time.
Essentials of bigamy
1. Either of the spouse should have been married to the 2nd person at the same time.
2. The extra-marital partner has to be hidden intentionally from the 1st partner, & and the main culprit is purporting that he/she only has 1 solemnized spouse.
3. A mire separation between couples, will not give them the right for the 2nd marriage if the couple is not legally divorced till date.
4. If A couple is yet in the process of divorce from their spouses, they are legally married until the divorce case is final & till the time the divorce didn’t gets finalized the couple will be treated like a solemnized spouse.
What is difference between
1. Monogamy: Means that he/she genuinely has only one spouse.
2. Polygamy: It means that you are in state of being married to two people at a same time with the knowledge of spouse & no objections will be raised by any of the spouses.
3. Bigamy: You are in a state of being married to two people at a same time without the knowledge of the spouse, & objections will be raised by the wife/husband.
Consequences of Bigamy:
1. Section 494 of IPC: Imprisonment up to 7 years & a fine.
2. Section 495 of IPC: imprisonment up to 10 years & a fine.
Difference between 494 & 495 of ipc
Section 494 of IPC : This section deals with the offence of bigamy.This section makes it an offenec for anyone to marry again during the lifetime of their husband or wife , if the marriage is still valid.
Section 495 of IPC : This section also deals with the offence of bigamy but with the addition of concealment [intentional hiding of information about the previous marriage from their new spouse or the person they are marrying ].
Concealment of former marriage :
The person marrying again must have concealed the fact of their former marriage from the person they are marrying.
Summary
Section 494 - Deals with the general offence of bigamy.
Section 495 Deals with bigamy but with the added element about concealment of the former marriage.
Let’s elucidate Bigamy more: -
1. A non-cognizable offence, it is bail able.
2. Bigamy is compoundable (where victim & accused can mutually settle their disputes outside the court) with the permission of court under 494 of IPC.
3. Bigamy is prohibited under SMA 1954, i.e., inter-faith marriage.
How to prove bigamy?
1. Prove that husband/wife performed another marriage after the solemnization of 1st marriage.
2. Gather evidences like marriage certificates from the 2nd wedding ceremony, that clearly establish the existence of 2nd marriage while the first spouse is still legally married.
Can 2ND wife file bigamy?
NO, 2ND file cannot prosecute her husband for bigamy under section 494 of IPC, because there is no legal status of 2nd wife and only the first spouse, whose marriage is still subsisting can file a complaint against her husband for bigamy.
2nd spouse cannot prosecute her husband because her marriage is void.
Rights of 2ND wife: -
No legal remedy is available for 2nd wife in the eyes of law as there is no legal status of 2nd wife under Hindu Marriage Act, 1955.
She cannot claim property, maintenance, alimony & last but not the least a social status of wife.
But if the 2nd wife has suffered sexual harassment, Cruelty or if any criminal incident has been done with her then 2nd wife can avail her rights under criminal law but she cannot claim these rights as a solemnized wife.
Do children from 2ND marriage have legal rights
YES, they do have rights over the property & wealth of their biological father under section 11 & 16 as per Hindu Marriage Act.