MARRYING AGAIN DURING THE LIFETIME OF SPOUSE (494-495)

Bigamy is a misnomer. The offence of marrying again during the lifetime of previous spouse (while such previous marriage remaining valid) and such subsequent marriage becoming void by the reason of the preexistence of the subsistence of the previous marriage, has been made punishable under section 494 of the Penal Code, 1860 (imprisonment extending up to 7 years and fine). The voidability of the subsequent marriage will always be tested at the anvil of the personal law of the parties to the marriage. This a gender neutral law which contemplates that either gender be a perpetrator or victim, as the case be. If the accused commits this offence under such circumstances that the fact of the previous/former marriage was concealed from the party to the second marriage, it is a distinct offence punishable under Section 495 of the Code (an imprisonment of any description which may extend even to ten years along with fine. However, a person is not guilty under 494 in two exceptional cases:
1. When his/her former marriage has been declared void by a Court of competent jurisdiction; and
2. if the spouse of the former marriage has continually remained absent for a space of seven years and has not been heard by such person contract marriage, provided the person contracting the marriage informs the person with whom he /she is contracting that subsequent marriage of the real facts that are best to his/her knowledge.
Both the offences merely require actus reus (external physical act). The law has departed from using any expression which would denote means rea.

[@khanarsalaankhan1751]

Can you please manage few lectures on hindu law like prohibited degrees in marriage . You seem to be multi subject teacher

[@StareDecisis]

Surely. Mucho Gracias. That is already on my mind. But it may take some time. Sorry for that.

[@MuaadhBhat]

Hello sir! You have any plan to illucidate the new major laws

[@StareDecisis]

@MuaadhBhat very soon. Very soon.