Marriage in India is not only a personal relationship but also a legal and social institution. Indian matrimonial laws emphasize the principle of monogamy, particularly for Hindus, Christians, and Parsis. Entering into a second marriage while the first marriage is still subsisting constitutes bigamy, which is both a criminal offence and a valid ground for divorce.
The recognition of bigamy as a ground for divorce reflects the law’s attempt to preserve the sanctity of marriage and protect the rights of the first spouse.
Legal Framework
1. Hindu Marriage Act, 1955 (HMA)
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Section 5(i): A valid Hindu marriage can only be solemnized if neither party has a living spouse at the time of marriage.
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Section 11: A marriage is void if it contravenes Section 5(i) (i.e., if either spouse already has a living spouse at the time of marriage).
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Section 13(1)(i): Bigamy amounts to adultery, which is a ground for divorce.
Thus, if one spouse enters into a second marriage while the first marriage is still valid, the other spouse can seek divorce.
2. Special Marriage Act, 1954
Similar provisions exist:
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Section 4: Conditions for a valid marriage include monogamy.
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Section 24: A marriage solemnized in violation of Section 4 is void.
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Section 27: Provides grounds for divorce, including adultery, which can cover bigamy.
3. Indian Divorce Act, 1869 (Christians)
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For Christian marriages, bigamy may fall under grounds of adultery or cruelty, entitling the innocent spouse to seek divorce.
4. Parsi Marriage and Divorce Act, 1936
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Section 32(d): If a husband/wife marries another person during the lifetime of their spouse, it is a ground for divorce.
5. Muslim Personal Law
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Polygamy is permitted for Muslim men (up to four wives at a time) but prohibited for Muslim women.
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However, the Dissolution of Muslim Marriages Act, 1939 and certain State enactments (like in Goa or under reforms) allow Muslim women to seek divorce if the husband marries again without her consent, and it causes cruelty or unfair treatment.
Bigamy as a Criminal Offence
Apart from being a ground for divorce, bigamy is also punishable under the Indian Penal Code, 1860:
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Section 494 IPC: Marrying again during the lifetime of a husband or wife is punishable with imprisonment up to 7 years and fine.
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Section 495 IPC: If the fact of the former marriage is concealed, punishment extends up to 10 years.
The criminal liability under IPC operates independently of matrimonial remedies. A spouse can both seek divorce and prosecute the offending party.
Judicial Approach
1. Yamunabai Anantrao Adhav v. Anantrao Shivram Adhav (1988)
The Supreme Court held that a marriage contracted by a person during the subsistence of an earlier valid marriage is null and void under Section 11 of the HMA.
2. Bhaurao Shankar Lokhande v. State of Maharashtra (1965)
The Court clarified that for bigamy to attract criminal liability under Section 494 IPC, the second marriage must be duly solemnized according to the personal law ceremonies.
3. Lily Thomas v. Union of India (2000)
The Court held that conversion of religion solely for the purpose of contracting a second marriage does not protect the person from the offence of bigamy. Such a second marriage would still be void.
4. Sarla Mudgal v. Union of India (1995)
The Supreme Court strongly condemned bigamous marriages and held that the second marriage of a Hindu husband after conversion to Islam (without dissolving the first marriage) would be void, and the husband would be guilty under Section 494 IPC.
Practical Challenges
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Burden of Proof: The spouse alleging bigamy must prove the validity of both marriages, including proper ceremonies of the second marriage.
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Overlap of Civil and Criminal Remedies: Divorce proceedings and criminal prosecution can run parallel but require different standards of proof.
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Religious Differences: While Hindu, Christian, and Parsi laws prohibit bigamy, Muslim law complicates the matter due to polygamy being permissible for men.
Conclusion
Bigamy strikes at the foundation of marital fidelity and trust. Indian law, across most personal laws, treats bigamy as both a ground for divorce and a criminal offence, thereby providing dual remedies to the aggrieved spouse. Judicial pronouncements have consistently upheld the principle of monogamy while balancing it against religious freedoms.
The recognition of bigamy as a ground for divorce not only protects the rights of the innocent spouse but also reinforces the importance of honesty and exclusivity in marital relationships.