Bigamy - Second marriage during the subsistence of the first marriage is illegal in India and the relationship arising from the same does not have any validity. One of the conditions for a valid marriage under Section 5 of the Hindu Marriage Act, 1955 is that neither of the party should have a spouse living at the time of the marriage. Under Section 11 of the Act, second marriages can be declared null and void.
Bigamy is a non-cognizable offence, bailable and compoundable with the permission of the court. It is punishable with imprisonment up to 7 years or fine or both. For the offence of committing bigamy by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both.
As for the second wife, though she is not entitled to any kind of right or share in the husband’s property, she can also claim interim maintenance from her husband. In Laxmibai v. Ayodhaya Prasad, it was held that ‘wife’ and ‘husband’ used in Section 24 of the Hindu Marriage Act are not be given strict literal meaning. The expression should mean a person claiming to be wife or a husband.
In Rajesh Bai v. Shantabai, it was held that a woman whose marriage is void because of the existence of another wife is entitled to maintenance under section 25 of the Act. Interim maintenance under Section 20 is also allowed.
The children from the second wife are entitled to share in their father’s self –acquired property.
counsel your cousin about the status of her marriage and if the first wife files any complaint of Bigamy about her husband after knowing their marriage, he has to face all the said consequences of Bigamy.
