Bigamy and Divorce in India

Bigamy means marrying again while the first spouse is alive and the first marriage still exists. This article is a general overview. The position can differ by personal law and by the facts of each case.

Under the Hindu Marriage Act, 1955

A Hindu marriage can be solemnised only if neither party has a spouse living at the time of the marriage (section 5). A marriage made in breach of this condition is void under section 11, and either party can ask the court for a declaration that it is null. Section 17 makes bigamy punishable as provided in the criminal law, which was earlier sections 494 and 495 of the Indian Penal Code and is now the Bharatiya Nyaya Sanhita, 2023.

Under other laws

The Special Marriage Act, 1954 also requires that neither party has a spouse living when the marriage is solemnised, and a marriage in breach of this is void. For Christians, Parsis and Muslims, the Indian Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936 and Muslim personal law apply, and they treat a second marriage differently. The law that governs the parties therefore matters.

Children of a void marriage

Section 16 of the Hindu Marriage Act provides that children of a marriage that is void are legitimate, with certain limits on their rights in property.

Where cases are heard

A petition for a declaration that a marriage is void is heard by the Family Court. A criminal complaint of bigamy is dealt with by the criminal courts. A person who is affected by a second marriage may also have other remedies, such as maintenance or divorce.