Soulmate Gem
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Bigamy is prohibited in India under Section 494 of the Indian Penal Code. The law expresses that, whoever marries another person in the lifetime of existing spouse, such marriage by reason of its occurring during the lifetime of such husband or wife, should be viewed as void and should be punished for such offense.
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Read More »The practice of bigamy in India has been going on from time immemorial. It is imperative to make concrete laws so as to prevent the practice.
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Read More »1. Hindu Marriage Act, 1955- As per the Section 17 of the Hindu Marriage Act, 1955, if a person considered to be a Hindu under the Act, marries another person in the existence of his/her first marriage, i.e, while the first husband or wife is alive, then that person shall be punished under the Indian Penal Code. 2. Muslim Women (Protection of Rights on Divorce) Act, 1986- Under this Act, unlike other religions, there is no particular or specific provisions for bigamy. A muslim man has a right to marry twice, thrice or four times if he is able to treat and respect all of his wives in the equal manner. In case he fails to do so, then he is liable. 3. Parsi Marriage and Divorce Act, 1936- Section 5 of this act affirmed Bigamy null and void or dissolved and imposes a penalty which has been laid down under Section 494 and 495 of Indian Penal Code, 1860. 4. Christian Divorce Act, 1896- This act does not provide a specific law for bigamy but at the time of registration of marriage, Section 60 lays down that none of the parties to the marriage should have been in an existing marriage and if a person gives a fall oath or declaration, then he/ she is punishable under Section 193 of the Indian Penal Code. This provision explains that under this Act, more than one marriage is considered to be illegal. 5. Special Marriage Act, 1954- Section 44 of this Act lays down that if any person commits bigamy then he/ she is liable under the Section 494 and 495 of the IPC, 1860.
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Read More »It is a abundantly clear fact that the term “Second wife” brings a social stigma with it. In the eyes of the Indian society, the second wife is not treated in par with the respect given to the first wife. While it is not given any positive social importance, there is also an absence of any legal status to it. Women in the second marriage are cheated on and are not provided with much protection under the Indian laws. There is no legal recognition given to second wives. Nevertheless, the victims of bigamy can still approach the Courts for claiming maintenance.
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