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