1. Consent of parties can not override the commission of crime.
2. Since second marriage is void ab initio without divorce from first marriage it has to be nullified on bigamy ground alone.
Punishment under Bigamy case
I married a girl in 2013 without taking divorce from my first wife. Now my second wife's parents came to know about our marriage. Girl was aware of my first marriage and she somehow convinced her family to not take a legal action against me. My question is can court punish me even if girl doesn't want. Can we proove impotency instead of Bigamy after 7 years, as i am not in favour to go through bigamy. They just want to void the marriage.
Asked 5 years ago in Criminal Law
Religion: Hindu
28 Answers
- As per section 17 of Bigamy Act, any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code shall apply accordingly.
- Hence, the said marriage with the second wife without getting divorce from the first wife is not valid and attract Bigamy as per law.
- Further, since the second marriage is not a valid marriage , hence as per law that lady will not treat as your legal wife, except a consensual relationship, for which no rape case made out now.
Further , as per the Supreme Court, When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.
- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection, maintenance and right of palimony to a live-in partner, if she complains.
- Further, the children born to live-in relationship are considered legitimate and enjoy all property rights due to them. They have the right to self-acquired properties of parents under the Section 16 of the Hindu Marriage Act.
- Even you will declare impotency , then also without getting divorce , first woman is you legal wife , and she only having all legal right and not the second woman to whom you marry.
Hi, allegations of biagamy can be made by the subsequent wife and not the first wife
Only your first wife can complaint against you and not her parents
Girl or her family has to file case against you
court would not take Suo motto action against you
file for divorce by mutual consent
Thanks for the quick reply, Since nothing much is in my hands, my second wife's parents are forcing us to void this marriage under Bigamy, so if the girl doesn't any punishment for me, will court can still punish under this law. I mean without her consent can i be punished by court
Asked 5 years ago
You have committed bigamy. Even if both girls agree, your second marrige is void.
Impotency can be ground of divorce but not a reason to do 2nd marrige without divorce.
Punishment upto 7 years or may leave by filing fine only.
You would not be punished as no criminal case has been filed against you for bigamy
No you can't be without her consent and complaint
No worries about punishment from your second wife but first wife can punish you through Court.
Your second marriage is void as per law because IPC and Hindu Marriage Act 1955 doesn't recognize second marriage legal as long as first wife is divorced or alive.
ok let me rephrase my question, i am married since 2013 with impotency right from the beginning, we are living separately from last 4 years, can we proove the impotency after 7 years and get this marriage void.
Asked 5 years ago
That only your first wife could have do within one year of marrige.
Which marriage first or second marriage?
In your case second marriage is void .Court suo moto not punish you . If the first wife filed a complaint then only the criminal case initiated against you. For avoiding the future problems in life better to decide or initiate a mutual divorce of first marriage .
Your wife can file petition for anullment of marriage as husband is impotent and marriage has not been consummated
1. your facts are vague, however, from the limited understanding a marriage cannot be declared void on the ground of impotency after a gap of 7 years,
2. your first wife can file a complaint against you about bigamy and the girl with whom you remarried cannot escape you from the punishment,
FYI
one cannot do second marriage without divorcing his first wife. If one does so, he can be booked under IPC 494 which may result imprisonment up to 07 years with fine and second marriage will become null & void.
Get annulment done via bigamy
- The first wife can file case under the Bigamy Act, and the consent second is not needed for the same.
- Impotency is a ground for divorce.
Second marriage with out divorce of first marriage to be considered as void. Impotency is one of the ground for getting divorce. Desertion also another ground for getting divorce. But these things are not validate your second marriage by legally .
It's better you move ASAP after having knowledge of impotency. After a longer duration your limitation to file complaint will cease.
The bigamy case shall be prosecuted only when someone files a criminal case before court in this regard.
The court will not automatically take up this case.
You may put pressure on your 2nd wife to convince her people to not to take it up legally.
If there's any case filed by her parents, she may appear before court and can file a memo before court stating that this 2nd marriage was with her consent hence, the case may be dismissed.
The court dispose the case accordingly.
For proving your impotency, you should not file the case.
She can file the divorce case on the grounds of cruelty stating that impotency as the reason for divorce.
If you accept the allegations leveled against you before court, the court may grant divorce.
Bigamy is an offence. If you take impotency then still it means that you married a second time although the court doesn't know anything. But yes it can be done.
No the court will not.
Yes impotency is a ground and you will get divorce.
1. Yes court can punish you for bigamy on complaints of girl family even if girl is favouring you.
2. Your marriage will also become null and void due to bigamy.
there is only one marriage concept under hindu law . If anyone performed second marriage during the life time of his / her wife / husband without getting legal and valid divorce . that marriage will b null and void and also a punishable offence both under hindu law and criminal law.
incase, if first wife or second wife filed complaint against you then you will be punished under bigamy.
- As per the information mentioned in the present query, makes it clear that you need to clarification on two different aspects of your case.
- I would like to apprise you that there cannot be a case of bigamy against you without the consent of the wife irrespective of the fact of her family wants to file such case against you as she is the victim and case cannot be proceeded further if she doesn’t wish to proceed.
- Yes, it can be proved even after 7 years as question of impotency is an ongoing nature that a one can hope to be it healed and sometimes never, so that option is still available.
