A marriage is declared null and void if one of the spouses approaches the Family court on the previous existence of a marriage. In such a case if the first marriage is still subsisting then the court will declare the subsequent marriage as null and void.
The first wife and the married person under the second marriage have a legal remedy under the law to punish the erred husband under bigamy. The Bharatiya Naya Sanhita 2023, Provides whoever has a husband or wife living marries in any case in which such marriage is void because of its taking place during the life of such husband or wife. And it provides a punishment for a term of 7 years and a fine. The new criminal act declares such a marriage void and gives the criminal colour when one spouse was living and the previous marriage is still valid under the law.
This law never confirms the legal provisions and the personal law of the Muslim and the Syrian catholic whom it provides to marry up to four persons and have the legal status of wife. If the person concealed about the first marriage to the second wife then the punishment period extends to 10 years.
The new contradiction arising from the latest criminal act grabs the legal position of the Muslim and Syrian catholic religions. No religious organisations came forward to stick to this penal law or seek any exemption to the above provision of law. Even the state of Tamilnadu has not made any necessary changes in the act there is a lot of confusion among the Muslims to get married with the second marriage when the first marriage is subsisting. The new act was passed without considering the million people who practise Islam in India.
Author: K.P.Satish Kumar M.L.
Advocate, High Court Madras
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