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Shailesh (Businessman)     04 November 2024

Why was dharmendra not held guilty under hindu marriage act of 1955 section 17 and ipc section 494 for bigamy?

Dharmendra was already married to Prakash Kaur and without taking divorce from her he married Hema Malini in 1980.

The Hindu Marriage Act of 1955 makes bigamous marriages void and IPC 494 awards punishment upto seven years and fine.

Also, Dharmendra said that he did not convert to Islam for marrying again. Therefore, under what exceptions and for which reasons was Dharmendra not held guilty for bigamy?


Learning

 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 November 2024

I do not want to get into other persons' affairs whether it is Dharmendra or anyone else. I shall state in general what happens. There are 2 types of offences under the law viz cognisable offences and non-cognisable offences. In the case of cognizable offences the State on its own should take cognisance of the offence and prosecute the offender. In the case of non-cognisable offences the State is not required to take up the case. The aggrieved party can file a criminal case if he or she feels aggrieved and proceed with the case. The question of a void marriage is relevant only when there are property interests

T. Kalaiselvan, Advocate (Advocate)     06 November 2024

a hypothetical question, hence ignored.

are you aggrieved by this act of Dharmendra?, if yes then you can file criminal complaint 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 November 2024

This is not a hypothetical question. Dharmendra's instance is stated only as an example. If a person wants to know what is the position under law in such cases he can ask it here. There is no harm if this forum is used to gain knowledge.


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