Is bigamy and polygamy applicable for girls as well

937 votes

A man can file divorce suit before the appropriate court against his wife on the grounds of bigamy and polygamy. But the man has to prove his case or allegation against his wife by documentory evidence as well as by witnesses.

Advocate Srabani Majumder LawRato

916 votes

A divorce proceeding can be intiated on the grounds of bigamy which needs to be proved in court and if such is proved divorce is hence granted but proving it is time consuming and may take sometime. Detailed discussion is necessary.

Advocate Aveek Bose LawRato

870 votes

Yes. Both are applicable against a girl. We need to meet in person for detailed discussion. If the girl did so and you have sufficient authentic evidence then you can go for legal proceedings at the earliest.

Advocate Partha Ray LawRato

977 votes

In 1955, the Hindu Marriage Act was drafted, which prohibited marriage of a Hindu whose spouse was still living. Thus polygamy became illegal in India in 1956, uniformly for all of its citizens except for Hindus in Goa where polygamy is legal [citation needed], and for Muslims, who are permitted to have four wives.
(1) The offence known as ‘bigamy’ is committed when a person having a husband or wife living, (2) marries in any case in which marriage is void, (3) by reason of it taking place during the life of such husband or wife. Such person is punishable with imprisonment of either description upto seven years and fine. (Section 494).
The following facts constitute the ingredients of the offence of bigamy punishable under Section 494, I.P.C., which must be proved to establish the said offence. It must be proved:

(1) That the accused was married to some person; proof of actual marriage is always necessary;

(2) That the person to whom the accused was married was alive on the date of the second marriage;

(3) That proof of the celebration of the second marriage must be in the same manner as that of the first; and (4) That the second marriage was void because it took place during the lifetime of the first spouse, that is the husband or the wife, as the case may be, to whom the accused was first married.

For prosecution for bigamy one must show first of all that at the time of the second marriage, there was first valid subsisting marriage; where proof of either marriage is unsatisfactory, there ought to be no conviction.

It cannot be argued that because the wording of Section 494 is in the singular; it only refers to the marriage by a husband or a wife whose wife or husband is living at the time of the second marriage.

Therefore, where both the parties to the second marriage had their previous spouses living at the time of the second marriage, both of them could file complaints separately and the same second marriage between both of them will have to be treated as resulting in two separate offences of bigamy; one offence in respect of each of them.
So, it will be better for lodged a written Complaint before the Competent Police station against said lady immediately and file a Divorce Application u/s 13(1) of Hindu Marriage Act.

Advocate Sanjoy Acharjee LawRato

557 votes

Indian Penal Code is equal for all. Bigamy and Polygami is an punishable offence Sec-494 of IPC deals with this offence and provides a punishment @ Imprisonment of 7yrs. and fine. Living in adultery provides for punishment of 5yrs. or fine or both.

Advocate Aniket Joardar LawRato