Offence related to bigamy
arpit mehta
(Querist) 13 March 2014
This query is : Resolved
if a man(A) is married to women (B) and the marriage was done with all hindu rituals. then the man (A) being married again marries another girl (C) who is already married and the marriage was not done with all hindu rituals.
so my ques is that now according to law the second marriage is not valid as it was not done with all hindu rituals. so does the man can be charged for offence of BIGAMY.
plz reply with some judgement which cleary states if the second marriage is not done with all rituals then it does not amount to bigamy.
Devajyoti Barman
(Expert) 13 March 2014
Yes, A will be liable for prosecution for committing bigamy.
Rajendra K Goyal
(Expert) 13 March 2014
Academic query.
Citation not provided in this section.
Guest
(Expert) 13 March 2014
Academic query of a student.
ajay sethi
(Expert) 13 March 2014
academic query . search in indian kanoon .com for judgements
Dr J C Vashista
(Expert) 14 March 2014
Mr. Arpit Mehta,
It attracts the provisions of bigamy, it is an academic query, avoid posting such query on this plateform.
Nadeem Qureshi
(Expert) 14 March 2014
Section 494 of ipc will be applicable and A can be prosecuted.
arpit mehta
(Querist) 15 March 2014
rajendra ji, p.s.dhingra and j.c vashista this is not a academic query. i have a case of man.
prabhakar singh
(Expert) 15 March 2014
Your anxiousness deserves attention of experts is my humble request to them.
You mean to say that the accused has a legally wedded wife according to Hindu rituals,as they are Hindus.
You also say there is an other legally wedded couple.
The accused is living with lady spouse of this couple without marrying her according to Hindu rituals.
AND FOR THESE FACTS YOUR QUERY IS:"is it BIGAMY as laid in s.494 of IPC"?
My response:Two adults can live togather.
A husband of an other wife and a wife of an other husband can live togather without committing BIGAMY OR ADULTERY as defined in IPC.
If they so live togather and allow people and society to believe that they are husband and wife(rituals or no rituals does not have any bearing here) then certainly offence of BIGAMY is attracted under IPC and if sexual contact also goes proved between them without consent of her legally wedded husband with knowledge to the accused of her being married,then offence of Adultery is also attracted.
Guest
(Expert) 15 March 2014
@ Arpit Mehta,
How you can say this is not an academic query, when you are a student. Further, it is certain that the problem does not relate to you in any manner. The question arises, are you any one of the three (A), (B), or (C)? If yes, who are you amongst the three? If not, how this problem relates to you and what is your purpose to ask for the query, may that be a case of bigamy or not?
Sudhir Kumar, Advocate
(Expert) 16 March 2014
It is the criminal intention which is punishable which is apparent in this case.
Dr J C Vashista
(Expert) 16 March 2014
I fully agree and appreciate expert advise of Sh. Parbhakar Singh and Sh. P S Dhingra ji.
V R SHROFF
(Expert) 16 March 2014
rEPLY "If not, how this problem relates to you and what is your purpose to ask for the query, may that be a case of bigamy or not?"
ANY QUERY NOT RELATED TO YOU ARE ACADEMIC.
that too by student like you..
