Bigamy. some of the basic facts! | Rainey Collins Lawyers - Wellington, New Zealand
If both parties to the second bigamist marriage knew that it would be void due to a previous marriage, the potential term of imprisonment is only two years. In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime . When one spouse commits bigamy, the second spouse in the relationship it is important to seek the consultation of a lawyer before pursuing any action or.
Some of them good years. Some of them excellent years. Some of them not-so-good years. Then one day after a few years of marriage, you hear that your spouse may have still been married to someone else on the day you were married. And, for all you know, your spouse may still be married to that other person.
On the other hand, maybe your marriage is ending badly and you decide to do some digging.
Rights of Second Wife - With reference to Bigamous Marriage in India
What is going on here? Are you not married? Do you seek a divorce? Do you seek an annulment? The answer is that if either you or your current spouse were married to another person on the date you married your current spouse, the marriage is a bigamous marriage. Under Florida law, a bigamous marriage is void from its inception. Therefore, divorce is not the proper remedy because divorces operate on lawful marriages, not on void marriages.
What Happens if You Marry Someone Who Was Not Legally Divorced? | LegalZoom Legal Info
Permitted for Muslims, restrictions apply. Polygamy in Pakistan is permitted with some restrictions. Others face 6—12 years' imprisonment and legal dissolution of marriage. Bigamy or polygamy is legal. Legal under the Recognition of Customary Marriages Act, for customary marriages. Under civil law marriages regulated by the Marriage Actany marriage in addition to an already existing one is invalid but not criminalized.
Polygamy is legal at marriage courts; long-standing tradition.
Prior to October 1,polygamy in Thailand could be freely practiced and recognised under civil law. Since its abolition, it is still practiced and widely accepted in Thailand, though no longer recognised, as the law states "A man or a woman cannot marry each other while one of them has a spouse. On revision the learned session judge has referred the case with a recommendation at the order passed by the magistrate be set aside, because, admittedly the opposite parties previous husband Brahma Pal was alive and therefore there could be no legal marriage between the opposite party and the applicant entitling the opposite party to receive any maintenance.
In this case it was also observed, "so long as such a divorce has not be obtained, the previous marriage subsists and, therefore, the second marriage cannot be contracted by the Hindu so long his spouse is living".
Section 5 of the HMA provides that the marriage may be solemnized between any two Hindu'sif neither party has the spouse living at the time of the marriage.
In the instant case the previous husband of the opposite party is still alive and therefore a second marriage with the applicant even it is held to have taken effect was wholly illegal and can not given any right to get a maintenance from the applicant. Petitioner having already a wife living name Subarna Bala Nathmarried a second time one Sefali Debi and thus committed the offence of bigamy punishable under the IPC read with the provisions of the HMA In this case the court further observed, under the provision of sec 5 1 HMAone of the condition of a valid Hindu marriage is that it should be solemnized between two Hindusneither party having a spouse living at that time.
Where the accused himself in his statement under sec CrPC had admitted that he did marry A during the life time of Bill of Ladingwhom he married first. And that admission was corroborated by oral evidence of witnesses who in their cross-examination did not take a stand that the second marriage was invalid, there is a presumption of a valid marriage and when a strong satisfactory and conclusive evidence to rebut the presumption was totally lacking in the case, it must be held at a valid second marriage was solemnized and that was the basis of the admission made by the accused and it could be relied upon.
Criminal Law Under criminal law, the first wife aggrieved by a second marriage can file a complaint for bigamy. Under sectionIPC, "whoever, having a husband or wife living, contracts a marriage during the life of the former husband or wife, is void…" and therefore the same is also an offence punishable with imprisonment up to 7 years or fine or both.
This section does not extend to any person whose marriage with such husband or wife has been declared void by the court of competent jurisdiction. Under sectionIPC, bigamy committed by concealing the fact of the first marriage is punishable with 10 years imprisonment or fine or both.
A complaint can also be filed for cheating under sectionIPC.
Cheating is defined under sectionIPC, as fraudulently or dishonesty inducing the person so deceived to do or omit to do anything, which he would not do or omit if he were not so deceived. Such an act or omission should be proved to cause or likely to cause damage or harm to that person in body, mind, reputation or property.
Therefore, if the fact of the subsistence of the first marriage is kept a secret, apart from a complaint under bigamy provision, a complaint can also be filed for those offences of cheating.
Often it is difficult to prove the fact of the second marriage. A man faced with the criminal complaint for bigamy would often argued that his relationship with the second woman was not one of marriage as the necessary as the necessary formalities of a valid marriage as required by law were not performed.
Sapla Devi made an application under SectionCrPC, for grant of maintenance on the ground that she was married to Naurang Singh, petitioner about two years ago and thereafter one year of the marriage the relation between them became strained and Naurang singh also married a second wife, namely Kalpa Devi, that about eight months ago he, dispossessed of her ornaments and cloths and turned her out of the house, and there after she started living with her father.
It was said that during this period, Naurang Singh completely neglected to maintenance at Rs. Under SectionCrPC is she entitled to maintenance even if she has lived with a man as his wife for 12 years and borne him a child.
The learned magistrate found that Smt. Sapla Devi was the wedded wife of Naurang Singh, so he granted her maintenance at the rate of Rs. Only legally married woman are entitled to maintenance under sectionCrPC. It was observed, "Under section 5 and 11 of HMA,a second marriage with a previous married wife living is null and void". CrPC sec - Hindu woman claiming to have been married in to petitioner - Petition allegation that she was not his wife and that he was already married in - on evidence.
Woman to be legally married to petitioner - maintainability of claim under sec - if petitioner on the date of marriage with the claimant woman had already a legally wedded wife, his marriage with the claimant - woman will be void under sec 11 of the HMA. A claim under sec by a woman can be made only if she is the legally wedded wife of the person from whom she claim maintenance - such claim has nothing to do with the personal law on maintenance has been changed by the Hindu adoption and maintenance actwhich does not contain any provision entitling a woman to claim maintenance from a person with whom she entered into a void marriage - as such, the claimant woman will not be entitled to maintenance under sec Evident Act Under Section of the Evident Act the Court shall presume the existence of probable facts, having regard to human conduct and the common course of the events and common sense being used as the judicial tool.
In sumitra Devi v. Bhinkan Chaudhary, it was held that the fact that the couples were living as husband and wife for decades was relevant in proving factum of their marriage. Again in Rangnath Parmeshwar v. Pandirao Mali, it was held that if H and W were living as Husband and Wife, then even in the absence of proof to that effect, a rebuttal presumption would arise that the marriage between them was valid.
Bhikan Choudhary - 1 SCC Sumitra Devi filed an application for maintenance under Section of the Code of Criminal Procedure for herself as also a minor daughter alleging that she had been married to the Bhikan sometime in and out of the wedlock the child had been born.
She further alleged that the fact that the respondent was already married and his spouse was living was not known. After the discovery of the previous marriage of the respondent the relationship between the parties gradually became strained and ultimately the respondent started totally neglecting the appellant and refused to maintain her.
She had, therefore, no option left but to ask for maintenance for herself as also for the child. Criminal Procedure Code, - Section - Hindu Marriage Act, - Section 7 - There can be a marriage acceptable in law according to customs which do not insist on performance of rites as saptapadi and marriages of this type give rise to legal relationship which law accepts.
The Additional Sessions Court and the High Court has adopted a technical approach while considering the question of marriage.
Criminal Procedure Code, - Section - Hindu Marriage Act, - Section 7 - Evidence Act, - Section - Parties had lived together about a decade public records including voters' lists described them as husband and wife and competent witnesses of the village of the wife as also the husband had supported the factum of marriage witnesses have also spoken about the reputation of the appellant being known in the locality as the wife of the respondent.
To prove the factum of marriage between the husband and the wife, we must rely on whether the husband has treated the woman as his wife in the society.