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 Hindu male, has been married to ms. b, a Hindu female. their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to ms. b, mr. A underwent religious conversion into a religion ‘X’ which legally permits males to have two wives. thereafter, mr. A got married to ms. C, a female belonging to religion ‘X’, in compliance with all the legal requirements of contracting a valid marriage under religion ‘X’. ms. b filed a criminal complaint against mr. A for committing the offence of bigamy. in the given situation, which of the following statements is true?

The correct option is both (A) and (b).

Step-by-Step Explanation:

1. Understanding the Legal Principles Provided:

• A person is guilty of the offence of bigamy under the penal law in India if they marry a second time while their first valid marriage is still subsisting, provided both marriages were performed with all necessary legal/customary ceremonies.
• Under Indian penal law, bigamy carries a punishment of imprisonment up to seven years along with a fine.
• Under Hindu marriage law, bigamy is strictly prohibited.
• If a Hindu husband converts to another religion (which permits polygamy) and contracts a second marriage while his first marriage with a Hindu wife subsists, he remains liable for the offence of bigamy.
• The Hindu law relating to marriage explicitly provides that the punishment for bigamy as specified under the Indian penal law is applicable.

2. Application to the Given Case:

• First Marriage: Solemnized validly between Mr. A (Hindu male) and Ms. B (Hindu female) per Hindu rites and ceremonies. This marriage is still subsisting.
• Conversion & Second Marriage: Mr. A converted to Religion 'X' (which allows having two wives) and married Ms. C following the legal procedures of Religion 'X'.
• Legal Consequence: As established in the principles, converting to another religion does not exempt a spouse from bigamy if the first marriage remains legally valid and subsisting. Thus, Mr. A is guilty of bigamy.
• Applicable Laws for Punishment:
- Statement (A): Mr. A is liable to be punished according to Hindu law relating to marriage (since Hindu law enforces the prohibition of bigamy and invokes the penal provisions).
- Statement (B): Mr. A is liable to be punished according to the penal law of India (since the penal law defines and prescribes the punishment of up to 7 years imprisonment and fine for bigamy).
- Since both laws work in conjunction—Hindu law declaring the applicability of the penal law's punishment—both statement (A) and statement (B) are legally correct.

Therefore, the correct choice combining both valid statements is both (A) and (b).