Tax4india ›› Indian Law ›› Criminal Law ›› Marrying Again
Marrying Again During The Lifetime Of Husband Or Wife
A person commits bigamy when he/she:
- has a husband or wife living,
- marries in any case in which such marriage is void,
- by reason of its taking place during the life of such husband or wife.
There are certain Exceptions:
- when the first marriage has been declared void by the Court of competent jurisdiction.
- When any of the person has been absent or not heard of continually for a space of seven years.
- The party marrying must inform the person with whom he or she marries of the above fact.
It is not applicable to Mohammedan males, who are allowed to keep more than one wife, but applies to Mohammedan females, Hindus, Christians, and Parsis of either sex.
Divorce dissolves a valid marriage, and the parties obtaining such dissolution can remarry.
Good faith and mistake of law are no defences to a charge of bigamy.
Punishment
Whoever commits bigamy shall be punished with imprisonment, which may extend to seven years, and shall also be liable to fine.
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