Mindyard | Where a spouse contracts a second marriage while the first marriage is still subsisting, the spouse would be guilty of the offence of bigamy under the penal law in India, if it is proved that the first as well as the second marriages were legally valid, i.e., all the necessary ceremonies required by law or by custom have been performed at the time of contracting the marriages. According to the penal law in India, if a person, who has a living husband or wife, marries again, then such person is liable to be punished with imprisonment up to seven years along with a fine for committing the offence of bigamy. Although the penal law of India is applicable to all citizens irrespective of their religious affiliations, an exception to the offence of bigamy may be created by the law relating to marriage applicable to followers of a particular religion. Under the Hindu law relating to marriage, bigamy is not permitted. If a Hindu wife files a criminal complaint against her husband on the ground that during the subsistence of her marriage, her husband had married a second wife by converting into another religion which legally permits having more than one wife, then her husband is liable to be punished for the offence of bigamy. Further, the Hindu law relating to marriage also provides that the punishment for offence of bigamy as provided in the penal law of India would be applicable to marriage between two Hindus. Mr. A, a male belonging to religion ‘P’, has been married to ms. b, a female belonging to religion ‘P’. their marriage was solemnized in compliance with all the legal requirements of contracting a valid marriage under religion ‘P’. monogamy is espoused as a cherished value by the followers of religion ‘P’ and provided as a pre-condition for a valid marriage for the followers of the religion. After his marriage to ms. b, mr. A underwent religious conversion into a religion ‘Q’ which legally permits males to have two wives. thereafter, mr. A got married to ms. C, a female belonging to religion ‘Q’, in compliance with all the legal requirements of contracting a valid marriage under religion ‘Q’. Ms. b wife filed a criminal complaint against mr. A for committing the offence of bigamy. in the given situation, which of the following statements is true? mr. A has committed bigamy according to the Hindu law relating to marriage., mr. A has committed bigamy according to the penal law of india., mr. A has committed bigamy according to the law relating to marriage of religion ‘P’., both (b) and (C).

Where a spouse contracts a second marriage while the first marriage is still subsisting, the spouse would be guilty of the offence of bigamy under the penal law in India, if it is proved that the first as well as the second marriages were legally valid, i.e., all the necessary ceremonies required by law or by custom have been performed at the time of contracting the marriages. According to the penal law in India, if a person, who has a living husband or wife, marries again, then such person is liable to be punished with imprisonment up to seven years along with a fine for committing the offence of bigamy. Although the penal law of India is applicable to all citizens irrespective of their religious affiliations, an exception to the offence of bigamy may be created by the law relating to marriage applicable to followers of a particular religion. Under the Hindu law relating to marriage, bigamy is not permitted. If a Hindu wife files a criminal complaint against her husband on the ground that during the subsistence of her marriage, her husband had married a second wife by converting into another religion which legally permits having more than one wife, then her husband is liable to be punished for the offence of bigamy. Further, the Hindu law relating to marriage also provides that the punishment for offence of bigamy as provided in the penal law of India would be applicable to marriage between two Hindus.

Mr. A, a male belonging to religion ‘P’, has been married to ms. b, a female belonging to religion ‘P’. their marriage was solemnized in compliance with all the legal requirements of contracting a valid marriage under religion ‘P’. monogamy is espoused as a cherished value by the followers of religion ‘P’ and provided as a pre-condition for a valid marriage for the followers of the religion. After his marriage to ms. b, mr. A underwent religious conversion into a religion ‘Q’ which legally permits males to have two wives. thereafter, mr. A got married to ms. C, a female belonging to religion ‘Q’, in compliance with all the legal requirements of contracting a valid marriage under religion ‘Q’. Ms. b wife filed a criminal complaint against mr. A for committing the offence of bigamy. in the given situation, which of the following statements is true?

Options

mr. A has committed bigamy according to the Hindu law relating to marriage.

mr. A has committed bigamy according to the penal law of india.

mr. A has committed bigamy according to the law relating to marriage of religion ‘P’.

both (b) and (C).

Correct Answer :

Option D

both (b) and (C).

Solution :

Correct Answer: Option (d) - both (b) and (C).

Detailed Explanation and Legal Analysis:

1. Understanding the Legal Principles Provided:

• General Rule of Bigamy: Under the penal law in India (specifically Section 494 of the Indian Penal Code), if a person who has a living spouse marries again while the first marriage is subsisting, and both marriages are solemnized with all required valid legal/customary ceremonies, that person is guilty of bigamy.

• Applicability Across Religions: The penal law applies universally to all citizens of India regardless of their religion, unless an explicit exception is created by specific personal laws.

• Conversion and Bigamy: Converting to another religion that permits polygamy (having more than one wife) does not grant immunity from bigamy if the first valid marriage contracted under a monogamous personal law/system is still subsisting. As established in landmark legal principles (such as Sarla Mudgal v. Union of India), a person cannot escape criminal liability for bigamy simply by undergoing religious conversion.

2. Application to the Case of Mr. A:

• First Marriage: Mr. A married Ms. B under religion 'P'. Religion 'P' mandates monogamy as a strict pre-condition for a valid marriage.

• Conversion & Second Marriage: Mr. A converted to religion 'Q' (which permits having multiple wives) and married Ms. C while his valid first marriage to Ms. B was still subsisting.

• Offence Under Penal Law of India (Statement b): Since his first marriage was valid under religion 'P' (which espouses monogamy) and remained subsisting, converting to religion 'Q' does not validate his second marriage or protect him from the penal code. Therefore, Mr. A has committed bigamy according to the penal law of India.

• Offence Under Law of Religion 'P' (Statement C): Religion 'P' explicitly mandates monogamy as a legal requirement for marriage. Marrying again during the subsistence of the first marriage violates the marriage laws of religion 'P'.

• Rejection of Statement (a): Mr. A and Ms. B belong to religion 'P', not Hindu law. Thus, Hindu personal law specifically does not apply here, making statement (a) incorrect.

Conclusion:

Since statements (b) and (C) are both true, the correct choice is both (b) and (C).

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