Answer
Bigamy: According to Section 494:
Section 494 defines the offence of bigamy as under: “Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife shall be punished with imprisonment of either description for a term which may extent to seven years, and shall also be liable to fine.”
Exception:
There are two exceptions n which the second marriage is not offence:
1. When the first marriage has been declared void by a Court of competent jurisdiction.
2. When the husband or wife has been continually absent or not heard of for seven years, provided that the facts be disclosed to the person with whom the second marriage is contracted.
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Explanation:
This section only applies, to Hindu and Muhammedan women but not men, and to Christians and Parsis of either sex.
The first marriage must be a valid marriage. But a Muhammedan girl has the option, if Shia, to ratify, or if Sunni, to
cancel, her marriage on reaching the age of puberty if a person other then her father or grandfather has given her in marriage.
Conversion of a Hindu wife of Muhammedan or Christianity does not dissolve her marriage with he Hindu husband
and if she marries a Mohammedan or a Christian she commits bigamy.
But if a Hindu Christian convert having a Christian wife relapses into Hinduism and marries a Hindu woman, he cannot be convicted of bigamy because the Hindu law recognizes polygamy on the part of the husband. But even if he is regarded as a Christian, his id marriage according to Hindu rites is no marriage at all.
Leading Cases
R v . Ram Kumari
R v. Ganga
R v. Milard
It appears, however, that a Christian cannot, by embracing Muhammedan marry a second tie during the Lifetime of his first wife. He cannot cast off to the winds a contractual obligation by his own act.
The rigour of the second exception is somewhat modified in Tolson’s case which lays down’ that if the second marriage takes place within seven years under a bonfire belief based on reasonable grounds that the former consorts dead, no offence is committed.
According to Section 495: “Same offence with concealment of former marriage from person with whom subsequent marriage is contracted”. Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent, marriage is contracted, the fact of the former marriage, shall he punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.