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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.

 

COMMENTS

 

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.

 

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Hindu Marriage Act 1955

 

Indian Laws – Bare Acts

 

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