Personal Laws Relating to Bigamy: Key Concepts for CLAT 2025

Bigamy refers to the act of marrying someone while already being legally married to another person. In India, the legality of bigamy is governed by personal laws based on religion, as well as statutory laws such as the Indian Penal Code (IPC). Understanding the intersection of personal laws and statutory provisions is essential for CLAT 2025.

1. Definition of Bigamy

• Bigamy: The act of entering into a second marriage during the subsistence of a valid first marriage.
• Bigamy is considered a civil wrong under personal laws and a criminal offence under Section 494 of the IPC.

2. Bigamy and Personal Laws

The treatment of bigamy varies across religious personal laws due to differences in customs and traditions.

1. Hindu Law

1. Governing Statute: The Hindu Marriage Act, 1955 (HMA).
2. Section 5(i): A valid Hindu marriage requires neither party to have a living spouse at the time of the marriage.
3. Section 17: Bigamy under Hindu law is void and punishable under Sections 494 and 495 of the IPC.
   • Case Law: Sarla Mudgal v. Union of India (1995)
     • Held that converting to another religion (e.g., Islam) for contracting a second marriage does not protect the individual from being prosecuted for bigamy under Hindu law.

1. Muslim Law

1. Polygamy Allowed: A Muslim man is permitted to have up to four wives simultaneously, provided he treats them equally.
   • Governed by Sharia law and not penalized under IPC unless it violates statutory laws.
2. Muslim Women: Polygamy is not permitted for Muslim women, and a woman cannot have multiple husbands simultaneously.

1. Christian Law

1. Governing Statute: The Indian Christian Marriage Act, 1872.
2. Section 60: Christian personal law prohibits bigamy, and a second marriage during the subsistence of the first is void.
3. Section 494 of IPC applies to prosecuting bigamy among Christians.

1. Parsi Law

1. Governing Statute: The Parsi Marriage and Divorce Act, 1936.
2. Section 4: Bigamy is strictly prohibited, and a second marriage is declared null and void.

1. Special Marriage Act, 1954 (SMA)

1. The SMA governs interfaith or civil marriages.
2. Section 4(a): A marriage under SMA requires that neither party have a spouse living at the time of the marriage.
3. Section 44: Bigamy under SMA is punishable under the IPC.

3. Criminal Provisions Relating to Bigamy
4. Indian Penal Code (IPC)

1. Section 494:
   • Bigamy is a criminal offense if a person contracts a second marriage while their first marriage is valid.
   • Punishment: Up to 7 years imprisonment and/or fine.
   • Key Element: The first marriage must be legally valid for the second marriage to be considered bigamous.
2. Section 495:
   • Aggravates the offense if the second marriage is contracted without disclosing the existence of the first marriage.
   • Punishment: Up to 10 years imprisonment and fine.

1. Exceptions to Criminal Bigamy

1. Void First Marriage: If the first marriage is void or annulled, the second marriage is not considered bigamous.
2. Customary Practices: If a personal law or custom permits polygamy, bigamy may not be prosecuted.
   • Example: Polygamy among Muslims.

4. Legal Implications of Bigamy
5. Civil Consequences

1. Validity of the Second Marriage:
   • Under most personal laws (except Muslim law), the second marriage is void.
2. Inheritance Rights:
   • A spouse in a void second marriage typically cannot claim inheritance rights.
3. Rights of Children:
   • Children from a void or bigamous marriage are considered legitimate under Section 16 of the Hindu Marriage Act, 1955.

1. Criminal Consequences

1. Prosecution under Section 494 IPC.
2. The complainant is usually the aggrieved spouse.

5. Landmark Case Laws

1. Sarla Mudgal v. Union of India (1995)
   • A Hindu man cannot convert to Islam to escape liability for bigamy under the Hindu Marriage Act.
   • Advocated for a uniform civil code.
2. Lily Thomas v. Union of India (2000)
   • Reiterated that conversion to another religion for contracting a second marriage does not provide immunity from bigamy prosecution under personal laws.
3. Badshah v. Urmila Badshah Godse (2014)
   • Supreme Court emphasized that second wives, though not legally recognized, may be entitled to maintenance for humanitarian reasons.

6. Key Legal Principles in Bigamy

1. Monogamy Principle: Followed by most religions (except Islam).
2. Public Policy: Bigamy is considered against public morality and societal values in India.
3. Equality and Gender Justice: Criticism exists regarding gender disparities, particularly in Muslim law permitting polygamy.

7. Uniform Civil Code and Bigamy

• The issue of bigamy is often cited in discussions about the Uniform Civil Code (UCC), which seeks to establish a common set of personal laws for all citizens regardless of religion.
• Bigamy laws under personal statutes vary, creating challenges for equality and justice.

8. Exceptions and Limitations

• Personal customs recognized by the law may permit polygamy.
• Lack of awareness of the subsistence of the first marriage can be a valid defence in certain cases.

Conclusion

Bigamy straddles personal laws and statutory criminal provisions in India. While most personal laws prohibit it, Muslim law allows polygamy with conditions. Understanding the distinctions between personal laws and the overarching statutory framework is vital for CLAT 2025 aspirants. Focus on key judgments, statutory provisions, and the balance between personal freedoms and legal accountability.