Second marriage punishment while first wife is alive

Hope you shall take it positively.

Innovation is not propriety of science.

It may happen in law also.

The 3 person may visit a very able LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record in Courts of Law and ask in person with other and full facts……….in person. 

Your friend is calling for trouble. Half knowledge is always bad and this what he has of legal provisions. Hindu Marriage Act, 1955 which applies to all Hindus domiciled in India, section 5 which provides for Conditions for a Hindu Marriage wherein prohibition of having a living spouse at the time of marriage (i), as well, prohibition of marriage between parties who are within the degree of prohibited relationship (iv) or are not sapinda of each other exists(v) , along with this, there is a proviso attached in clause (iv) and (v), which is "unless the custom or usage governing each of them permits of a marriage between the two".

What it means if the custom or usage governing them permits that their marriage will not be null and void under section 11 of the HMA. More so the section 11 clearly states Void Marriages - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv), (v) of section 5, those I mentioned above. What is to be noted that "solemnization of marriage".

I bigamy prosecution what has to be proved by the prosecution, the solemnization of the first marriage of the accused as well the solemnization of subsequent second marriage during the existence of first marriage.

The argument your friend gives about null and void marriage if he marries cousin as that will be within prohibited relationship is same as null and void marriage during the existing marriage of the accused of bigamy criminal charge.

The Supreme Court has laid down very clear principle on this, the validity of second marriage is not being questioned (which otherwise is no doubt null and void) while prosecuting the accused of bigamy charges, the very fact he was having a existing marriage and still he got married second time, if both his marriages are completely solemnized according to customary rites and ceremonies of either party thereto and these customary rites and ceremonies for both his marriages are proved by sufficient admissible evidence by the prosecution than the charge of bigamy will be proved that make him liable for punishment under section 494, 495 IPC.

Tell your friend we the lawyers who have put our lifetime in the profession are not fools; vague talks of legal provisions like this is just like taking medicine without doctor’s advice.

 

There are many celebrities, who have married a second time but escaped punishment for bigamy, saying that the second marriage was not a valid marriage. I request Advocate Mahajan to cite Supreme Court judgments in support of his contention.

More than the technicalities or the alleged legal elements, the tone, and tenor of the posting suggests that the person involved is not your friend, but you yourself.

Even otherwise, the second marriage itself would be a punishment, without the Law punishing you.

Pure unbelievable hypothetical story.

It would be appropriate to consult a local institute/college/university tutor for proper guidance in the academic topic.

If there is "some" truth in the story, which is otherwise unbelievable; it is not your friend but yourself wherein you are sufferer; consult a local lawyer for proper appreciation of facts and guidance.

 

Looking at the query, whether it is your friend or you etc, the writ of law in punishing such acts appears to be disolving like the morning dew, promoting and encouraging those with "Grass on the other side is Greener" is now flourishing with impunity, specially among the elite society, as if it is a competition amongst the elite spouses.Those who knock the court's door are mostly for maintenance, and now penal provisions attaining the status of decoration only. Don't worry unnecessarily by taking too much interest in other's wife.

It is all about proving marriage in court.  Just two people standing wearing garlands or exchanging garlands does not amount to marriage. At the most one can be charged with performing fake marriage, that too if girl complains.  If girl is not complaining, there is actually no proof of marriage. Even if person has remarried, who will make the new girl come and confess in court? If person who married never turns up in court, court cant do anything.  That is fact.

In fact, this posting is inappropriate as suggestions are being invited in furthering the  abuse the Law.

Originally posted by : Vijay Raj Mahajan
	Your friend is calling for trouble. Half knowledge is always bad and this what he has of legal provisions. Hindu Marriage Act, 1955 which applies to all Hindus domiciled in India, section 5 which provides for Conditions for a Hindu Marriage wherein prohibition of having a living spouse at the time of marriage (i), as well, prohibition of marriage between parties who are within the degree of prohibited relationship (iv) or are not sapinda of each other exists(v) , along with this, there is a proviso attached in clause (iv) and (v), which is "unless the custom or usage governing each of them permits of a marriage between the two". What it means if the custom or usage governing them permits that their marriage will not be null and void under section 11 of the HMA. More so the section 11 clearly states Void Marriages - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv), (v) of section 5, those I mentioned above. What is to be noted that "solemnization of marriage". I bigamy prosecution what has to be proved by the prosecution, the solemnization of the first marriage of the accused as well the solemnization of subsequent second marriage during the existence of first marriage. The argument your friend gives about null and void marriage if he marries cousin as that will be within prohibited relationship is same as null and void marriage during the existing marriage of the accused of bigamy criminal charge. The Supreme Court has laid down very clear principle on this, the validity of second marriage is not being questioned (which otherwise is no doubt null and void) while prosecuting the accused of bigamy charges, the very fact he was having a existing marriage and still he got married second time, if both his marriages are completely solemnized according to customary rites and ceremonies of either party thereto and these customary rites and ceremonies for both his marriages are proved by sufficient admissible evidence by the prosecution than the charge of bigamy will be proved that make him liable for punishment under section 494, 495 IPC. Tell your friend we the lawyers who have put our lifetime in the profession are not fools; vague talks of legal provisions like this is just like taking medicine without doctor’s advice.

 

 

I am sorry I forgot to mention that my friend is planning to marry his cousin (Mother’s sister’s daughter) in private in a temple (or in a private place) with presence of a priest . They are not going for court marriage. It will be private means there will be no family members, relatives or known persons. Only the priest will be a witness of their marriage. As you said, solemnization of marriage needs to  be proved. What if he does second marriage in private? In that case, can solemnization be proved while there is no ceremony of marriage? Does marriage in a temple can be proved as solemnization of marriage?

 

Also, his cousin is unmarried and she already knows that he is married. So it is for sure that she is not going to complaint against him  in court for fake marriage or bigamy. It is only his first wife that can go to court when she comes to know that he remarried. In that case, can his first wife file bigamy charges against him? or bigamy charges can be filed only by second wife (not by first wife). Please confirm.

 

Bigamy charges can be made by both wives. As far proof of marriage ceremony in second marriage even the priest performing it is good enough evidence in bigamy prosecution, he can be brought in the court and made to state about his performing the complete ceremonies for the marriage, he will even identify both bride and groom for whom he performed the marriage.

Originally posted by : Adv Raj Malhotra
	It is all about proving marriage in court.  Just two people standing wearing garlands or exchanging garlands does not amount to marriage. At the most one can be charged with performing fake marriage, that too if girl complains.  If girl is not complaining, there is actually no proof of marriage. Even if person has remarried, who will make the new girl come and confess in court? If person who married never turns up in court, court cant do anything.  That is fact.

 

my friend is planning to marry his cousin (Mother’s sister’s daughter) in private in a temple (or in a private place) with presence of a priest . They are not going for court marriage. It will be private means there will be no family members, relatives or known persons. Only the priest will be a witness of their marriage. As you said, it is all about proving marriage in court. What if he does second marriage in private? In that case, can it be proved while there is no ceremony of marriage? 

Also, his cousin is unmarried and she already knows that he is married. So it is for sure that she is not going to complaint against him  in court for fake marriage or bigamy. It is only his first wife that can go to court when she comes to know that he remarried. In that case, can his first wife file bigamy charges against him? or bigamy charges can be filed only by second wife (not by first wife).  Even if she files bigamy, Does marriage in a temple can be proved?

Thanks.

 

Originally posted by : suj238
	My friend is married and his spouse is alive. But he loves his first cousin (Mother’s Sister’s Daughter) and wants to marry her. I don’t want to see him in trouble in future. I have told him several times that it is not possible and he could get punished for 5-7 years for bigamy but he says following   “Marriage with first cousin in india is void from the date of marriage because of “prohibited degrees in marriage”. So if he does marriage with his cousin then it means their marriage is automatically void (like never existed). Because second marriage doesn’t exist from the date of marriage so he can not be punished for 5-7 years for a marriage that never existed. His first cousin already knows that he is married so he is not doing any fraud and can’t get punishment for fraud.  He can only be punished under “prohibited degrees in marriage” which is 1 month jail OR 1000 Rs. fine. “   Is this true? Will indian law not punish him for 5-7 years because his second marriage will be automatically void (doesn’t exist)? Can he be punished only for 1 month or Rs. 1000 fine under “prohibited degrees in marriage”?   Please reply.   Any help is truly appreciated.   Thanks in advance.

Sconundrel,

You indeed are crooked and should be satans son.  However crooked you are, you are missing on finer points which I am going to point out.

One is you will have mentally and physically challenged children born due to sapinda marriage.
Second is your marriage will be illegal.
Third is you will be doing self goal.  Its like you contracted AIDS and asking for divorce.  But basically you are a mother Fokker.

What court will do?  Court will however order imprisonment even if your marriage is void/illegal.  You are crooked but not as crooked to get away with something like self goal as you have described here.  You need to be satan himself to be that.

Originally posted by : suj238
	My friend is married and his spouse is alive. But he loves his first cousin (Mother’s Sister’s Daughter) and wants to marry her. I don’t want to see him in trouble in future. I have told him several times that it is not possible and he could get punished for 5-7 years for bigamy but he says following   “Marriage with first cousin in india is void from the date of marriage because of “prohibited degrees in marriage”. So if he does marriage with his cousin then it means their marriage is automatically void (like never existed). Because second marriage doesn’t exist from the date of marriage so he can not be punished for 5-7 years for a marriage that never existed. His first cousin already knows that he is married so he is not doing any fraud and can’t get punishment for fraud.  He can only be punished under “prohibited degrees in marriage” which is 1 month jail OR 1000 Rs. fine. “   Is this true? Will indian law not punish him for 5-7 years because his second marriage will be automatically void (doesn’t exist)? Can he be punished only for 1 month or Rs. 1000 fine under “prohibited degrees in marriage”?   Please reply.   Any help is truly appreciated.   Thanks in advance.

Sconundrel,

You indeed are crooked and should be satans son.  However crooked you are, you are missing on finer points which I am going to point out.

One is you will have mentally and physically challenged children born due to sapinda marriage.
Second is your marriage will be illegal.
Third is you will be doing self goal.  Its like you contracted AIDS and asking for divorce.  But basically you are a mother Fokker.

What court will do?  Court will however order imprisonment even if your marriage is void/illegal.  You are crooked but not as crooked to get away with something like self goal as you have described here.  You need to be satan himself to be that.

Originally posted by : Vijay Raj Mahajan
	Bigamy charges can be made by both wives. As far proof of marriage ceremony in second marriage even the priest performing it is good enough evidence in bigamy prosecution, he can be brought in the court and made to state about his performing the complete ceremonies for the marriage, he will even identify both bride and groom for whom he performed the marriage.

 

Yesterday night I talked to my friend and told him that solemnization can be proved even if you do marriage in private in presence of only a priest. Then he became quite. I was finally happy that he changed his mind. But today he came back and said “if solemnization can be proved because of priest then he will not include priest and do marriage in private without priest, family members and relatives. Then solemnization can not be proved and he can not be punished.”

 

He also said “he will do marriage in another State/city and start living there where no one will even know that he did second marriage. Even if someone comes to know in future, he can not be punished because solemnization can not be proved without priest. His cousin is not going to complaint against him and his first wife will not be able to prove solemnization so he can not be punished anyhow.”

What if he does what he is saying?  Can solemnization be proved without priest / any witness?

Thanks in advance.