Recently, Himanta Biswa Sarma, Minister of Assam, announced that the Assam state government would ban the practice of polygamy through a “legislative process”. He also said an “expert committee” would be formed to look into the whole matter.
Polygamy as a practice
The practice of not having one but actually having more than one spouse (spouse) is called polygamy. The issue of polygamy is covered by both individual law and the Indian Penal Code (IPC).
Historical context and current rules
In India, polygamy has traditionally been widely accepted, mainly in the case of a man with multiple wives. However, this practice was banned under the Hindu Marriage Act 1955.
The Indian Penal Code also criminalizes this behavior. Polygamy (with two surviving spouses) and polygamy (with more than one surviving spouse) are both punishable under Section 494 of the IPC. The Section statements are:
Section 494 Indian Penal Code-
“Remarriage during the life of the spouse. , shall be punished by imprisonment of any kind for up to seven years, and possibly by fine.”
It is important to note, however, that this provision does not apply to situations where a spouse has been “continuously absent” for a “seven-year period”. This implies that in the case of desertion, the law is not binding on the abandoned spouse to remarry. In addition, this provision does not apply to marriages declared null and void by the court.
How does the court determine a second marriage?
Let’s understand this with the help of a hypothetical situation. Suppose a man remarries even though his wife is still alive. Now the first wife will file a complaint against her husband saying that he has remarried. The court will consider whether the husband entering into a second marriage is legally valid. To put it more simply, to be called “wedding” the second wedding must be performed according to the established custom. In the event that the second marriage is invalid and is simply an adulterous relationship, it will not qualify as a valid marriage to proceed with further proceedings under the law.
What if the second spouse does not know about the first marriage?
Even in such a situation, the law still tries to protect innocent people. Section 495 of the Indian Penal Code protects the rights of the other spouse in matrimonial situations. This section punishes a person with imprisonment and fine if he engages in monogamy and conceals the truth about the first marriage from the second spouse.
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Categories: Trends
Source: newstars.edu.vn