BIGAMY UNDER SEC-17 OF HINDU MARRIAGE ACT,1955 & SEC-494 OF NDIAN PENAL CODE,1860

-
INTRODUCTION

  • There was NO bar in customary Hindu Law to a man entering into second marriage. However, the customary law was codified by the enactment of the Hindu Marriage Act in 1956, which declared second marriage as ‘void' during the subsistence of the first one. So, AFTER 1956, second marriages would be considered illegal.
  • Bigamy is both an offence against Marriage ( as Per hindu marriage act,1955) as well as a Penal Offence ( under IPC ). The Hindu Marriage Act applies to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. Bigamy is one of the ground to seek divorce under Hindu Marriage Act,1955.The second wife is entitlement for maintenance ,she is not entitle for property  rights.
  • In August 2009, the Law Commission of India  recommended that  bigamy should be made  a cognizable offence.
Section 17  of The Hindu Marriage Act, 1955 states that:

"Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly"

Section 494 of Indian Penal code,1860 states that:
 
" Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

Exception:-

This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction ,nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.



Comments

Post a Comment

Popular posts from this blog

Acknowledgement of Paternity under Muslim Law

-
INTRODUCTION Paternity, How Established :   The paternity, a relation of child and his father, cannot be established by fact. It can only be established by marriage with the mother of the child. The marriage may be either valid or irregular but it must not be void. Maternity is fact whereas paternity is a presumption. If paternity is established the child is to be legitimate. An illegitimate child has only maternity and no paternity under Sunni Law on the other hand such child has neither paternity nor maternity under Shia Law. Legitimacy :   A child to be known as legitimate must be the result of lawful wedlock. Muslim Law insist on the existence of a valid marriage between the begetter and the bearer of the child at the time of its conception. The main point in the case of legitimacy of a child is marriage between its parents. The Privy Council held in the case of Habibur Rahman Chowdhari v Altaf Ali Chowdhari, (1921) 48 IA 44 . A son to be legitimate must be the of
Read more

COMPETITION ADVOCACY UNDER SECTION 49 OF COMPETITION ACT,2002

-
COMPETITION ADVOCACY (Section 49 in the Competition Act, 2002)(as amended in 2007)  It mandates the CCI to undertake advocacy for promoting competition.It defines competition advocacy as:- The Central Government may, in formulating a policy on competition (including review of laws related to competition) or on any other matter, and a State Government may, in formulating a policy on competition or on any other matter, as the case may be, make a reference to the Commission for its opinion on possible effect of such policy on competition and on the receipt of such a reference, the Commission shall, within sixty days of making such reference, give its opinion to the Central Government, or the State Government, as the case may be, which may thereafter take further action as it deems fit. The opinion given by the Commission under sub-section (1) shall not be binding upon the Central Government   or the State Government, as the case may be, in formulating such policy. The Commissi
Read more

What are Derivatives?

-
The term Derivatives in its literal sense indicates that it has no independent value, i.e., its value is entirely "derived" from the value of the underlying asset. The underlying asset can be securities, commodities, bullion, currency, live stock or anything else.  In other words, Derivative means a forward, future option or any other hybrid contract of pre determined fixed duration, linked for the purpose of contract fulfillment to the value of a specified real or financial asset or to an index of securities.  Derivatives have been associated with a number of high-profile corporate events that roiled the global financial markets over the past two decades. To some critics, derivatives have played an important role in the near collapses or bankruptcies of Barings Bank in 1995, Long-term Capital Management in 1998, Enron in 2001, Lehman Brothers in and American International Group (AIG) in 2008. Warren Buffet even viewed derivatives as time bombs for the economic system and c
Read more