bigamy,Marriage law
Is it bigamy?
Two sisters have agreed to marry one boy. The marriage ceremony will be performed in the same mandap and the threewill perform saptpadi simultaneously. Both the families are Hindus and have happily consented for this marriage. Does it constitute to bigamy? and Is this marriage in violation of any of the provisions of Hindu Marriage Act ?
By  shruti sinha  |  09 Mar 2016  |  Upvotes: 0  | 

3 Answer(s)

Rashi Gahlaut
Advocate

 

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.

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Ravindra Purohit
Advocate

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.

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Tanushree Sharma
Advocate
Yes, in general meaning it is bigamy. But if the concerned three have no objection, then according to IPC read with CrPC it does not attract the provisions of concerned bigamy law of IPC and CrPC. However, it violates the Hindu Marriage Act, sec 5 & 5(i). It will be a void marriage u/s 11.
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