I do not think it violates s.5(1) of HMA either. Because a person is called as spouse only after he /she gets married. Here, in this particular case, no one is a spouse of other before marriage. I do not think it is bigamy under any provisions. And if we consider the intention of the legislations also, there is no offence when parties do not object to the second marriage at any time. We know only first wife can take action for offence of bigamy. When she has no issues, then it is as good as no offence.
The statements of Law is very clear, that is any two Hindus and not not any three Hindus: that is two female with one male or two male with one female is clearly a case of illegal marriage. More over, the statements of law is that conesnt of the parties no matter how joyously they entered can not cured the illegal acts as prohibited by law. Yes, it will be a clear case of illegal marriage.