Please Clarify this

Dear Krishna ji, after marraige with first wife if she becomes mentally unsound, physically disable and suffering from uncurable diseases, legally second marriage is valid.

Regarding  bigamy , I am not sure abt exactly how the "Law" handles the bigamy..what I understand is , it is punishable under IPC , but only if the first wife files complaint against the husband.

1.  "Bigamy"  is an  "illegal act", and punishable under the IPC.

2.  "Bigamy"  if done with consent of the partner, puts both the partner, guilty of  "Conspiracy and Abetment"

3.  ANYBODY, even the neighbours or non-affected parties can make a criminal complaint, for such "nuisance" in the society. A court of law, can prosecute such offenders on "suo motto" basis and not necessarily on a specific complaint.  The Law of the land has to be held and not the consent of the first or other wives.

4.  EVEN IF, the first wife or husband becomes mentally unsound, a court decree is mandatory, to re-marry, else the subsequent marriage becomes null & void

5.  A person can be prosecuted u/s 120, 268, 494 of the IPC.

Keep Smiling .... Hemant Agarwal

Yes Sir.  It is quite possible.  In India as far as marriages are concerned religious laws are applicable.  In certain religions, bigamy is not prohibited.  In the case of such government servants, the above quoted rule has been provided.

so the 'law' indirectly suggesting (poiting) a husband to go for a second marriage  by proving that first wife is mentally unfit or suffering from so and so uncurable disease. but 'law' will punish him even if any person from the society files a complaint against him and even if it is with first wife's concent and she has accepted it.

thanks for your replies. thanks  again

In muslim religion, male is entitled to go for bigamy.  If he is a government servant and he has two wives, the rule says that he can include his second wife in the list of "family.