Laws and Bare Acts of India at

MyNation Foundation Online Law Library

Section 17 – The Hindu Marriage Act,1955

The Hindu Marriage Act,1955


17. 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 (45 of 1860), shall apply accordingly.




Condition for second marriage to be valid


The mere admission by the respondent that he had contracted second marriage is not enough. The impugned marriage must have been solemnized that is, the marriage should have been celebrated or performed with proper ceremonies and in due form; Bhaurao v. State of Maharashtra , AIR 1965 SC 1564.


Essential ceremonies required for bigamy


If the marriage is not a valid marriage, it is no marriage in the eyes of law. If the marriage is not a valid one according to the law applicable to the parties, no question of its being void by reason of its taking place during the life of the husband or wife of the person marrying arises. Having regard to section 17 of the Act the essential ceremonies set out under the Act had not been conducted and merely because there was distribution of sugar or gur it would not constitute a valid marriage; Surjit Kaur v. Garja Singh, AIR 1994 SC 135.


Previous | Next


Hindu Marriage Act 1955


Indian Laws – Bare Acts


Leave a Reply

Your email address will not be published.

Copyright © 2022 Laws and Bare Acts of India at

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation