Hindu Marriage Act Section 17: Punishment of Bigamy
Code
“Punishment of bigamy.—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, 1860 (45 of 1860), shall apply accordingly.”
Explanation
This section of the Hindu Marriage Act deals with the legal implications of bigamy, which is the act of marrying while already legally married to another person. According to Section 17:
- Any Hindu marriage solemnized after the commencement of the Hindu Marriage Act is considered void if either party was already married at the time of the ceremony.
- The provisions of Sections 494 and 495 of the Indian Penal Code, which define the offenses of bigamy and its punishment, apply to such marriages.
Illustration
A Hindu man is already married and he then marries another woman. Then the second marriage is void under Section 17 of the Hindu Marriage Act. Both the man and the woman involved in the second marriage could be charged. They can be charged with bigamy under the Indian Penal Code.
Common Questions and Answers Regarding the Code:
Q: What is the legal status of a marriage if one party was already married?
A: The marriage is void under Section 17 of the Hindu Marriage Act.
Q: Can a marriage be void even if both parties believed they were single?
A: Yes, ignorance of the other party’s marital status does not make the marriage valid.
Q: What are the punishments for bigamy under the Indian Penal Code?
A: Section 494 of the IPC states that bigamy is punishable with imprisonment up to 7 years and a fine.
Q: Does Section 17 apply to marriages solemnized before the commencement of the Hindu Marriage Act?
A: No, it only applies to marriages solemnized after the commencement of the Act.
Conclusion
Section 17 of the Hindu Marriage Act serves as a strong deterrent against bigamy by making it a punishable criminal offense under Sections 494 and 495 of the Indian Penal Code. It reinforces the principle of monogamy in Hindu marriages and upholds the sanctity and legality of the marital relationship. This provision ensures that a spouse cannot remarry while their first marriage is still legally valid, protecting the rights and dignity of the first spouse. By criminalizing bigamy, the law aims to prevent fraud, exploitation, and emotional harm within matrimonial relationships.
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