LawRato

Punishment for second marriage


12-Sep-2023 (In Family Law)
What can be the punishment for second marriage? If first wife complaint against him and if the second wife complaint against him? Second wife knew that he was married before. She has a child too now. Can he be bailed if there is any improvement? What would be the fine amount? Religion: Hindu
Answers (3)

Answer #1
690 votes
Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—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.
Bailable

Answer #2
643 votes
Dear friend,
In India 494 IPC is irrelevant practically as to proove 2nd marriage is very difficult and their by most Advocate do not show any interest to contest this section as they know the outcome, but if legally is handled with very caution then their could be a chance to this section charged with ,as our ,senior could manage for one of our client in 494 IPC case .you may approach with right attitude and take suggestions of experty or consult our office .OFC : Adv Pankaj Kumar
Answer #3
793 votes
Under Indian Penal Code- If a man marries for the second time when there is already an existing married relationship with his first wife- it amounts to BIGAMY and is a punishable offence; IT ATTACHES CRIMINALITY.
Second marriage is void under law since it has taken place during the life of first wife.
The husband can be punished for a term of up to seven years; and, if the first marriage is concealed up to ten years and also be liable to fine.
However, there are certain exceptions which depend on case to case.
Dr Gubbi, Counselor & Advocate, Bangalore

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."