Offenses relating to marriage are covered under various sections of the Indian Penal Code (IPC) and other relevant laws. These offenses typically involve acts that violate the sanctity of marriage, harm spouses or family members, or commit fraud or cruelty within marital relationships. Here are some key offenses related to marriage:
Bigamy (IPC Section 494-495):
- Bigamy is the offense of marrying another person while still being legally married to someone else. IPC Section 494 deals with a person who, while having a spouse, marries another person, and Section 495 deals with the concealment of the former marriage from the person with whom the subsequent marriage is contracted.
Adultery (IPC Section 497):
- Adultery is the offense of engaging in sexual intercourse with someone other than one’s spouse without the consent or connivance of the spouse. It is applicable when a man has sexual relations with the wife of another man. The legality of this section has been a subject of debate and has been challenged in court.
Cruelty to Wife (IPC Section 498-A):
- Section 498-A deals with cruelty to a married woman by her husband or his relatives. This section is aimed at addressing acts of physical or mental cruelty, harassment, or dowry demands within marital relationships.
Dowry Prohibition Act, 1961:
- The Dowry Prohibition Act aims to prevent the giving or receiving of dowry in connection with the marriage. The Act prohibits the demand for dowry and prescribes penalties for violations.
Offenses Against Child Marriage (Prohibition) Act, 2006:
- This Act prohibits child marriages and prescribes penalties for those who perform, promote, or participate in child marriages. It also provides for the annulment of child marriages.
Domestic Violence (Protection of Women from Domestic Violence Act, 2005):
- This law addresses various forms of domestic violence within marital relationships, including physical, emotional, economic, and sexual abuse. It provides protection and remedies for victims of domestic violence, including wives.
Honor Killings:
- Honor killings are often related to marriages where family members, motivated by perceived damage to the family’s honor, commit acts of violence against individuals who marry outside their caste, religion, or against their family’s wishes.
Marriage Frauds:
- Offenses related to fraudulent marriages, such as marrying for dowry, impersonating someone during marriage, or entering into a fraudulent marriage for personal gain, may be addressed under various sections of the IPC.
Bigamy (IPC Section 494-495)
Bigamy, the offense of marrying another person while still being legally married to someone else, is covered under IPC Sections 494 and 495 in India. Here’s an explanation of bigamy and some relevant case laws:
IPC Sections Related to Bigamy:
IPC Section 494 – Marrying Again During the Lifetime of a Spouse:
- Section 494 states: “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 extend to seven years, and shall also be liable to fine.”
IPC Section 495 – Same Offense with Concealment of Former Marriage from Person with Whom Subsequent Marriage is Contracted:
- Section 495 states: “Whoever commits the offense 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 be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”
Case Laws Related to Bigamy:
Sarla Mudgal v. Union of India (1995):
- In this landmark case, the Supreme Court of India held that a Hindu husband who converts to Islam and marries another woman without legally dissolving his first marriage is guilty of bigamy under Section 494 of the IPC. The court emphasized that conversion to another religion does not dissolve an existing marriage under Hindu law, and such a marriage is void.
Smt. Saroj Rani v. Sudarshan Kumar Chadha (1984):
- In this case, the Supreme Court held that a second marriage during the lifetime of the spouse is void and does not create any legal relationship. The court clarified that Section 494 applies when the second marriage is solemnized while the first marriage is subsisting.
D. Velusamy v. D. Patchaiammal (2010):
- In this case, the Supreme Court discussed the concept of live-in relationships and emphasized that a relationship in the nature of marriage must fulfill certain criteria to be considered a valid marriage-like relationship. The court held that a live-in relationship without a legally valid marriage does not amount to bigamy.
