Hindu Marriage Act Section 17 — Punishment of bigamy

Summary

If a Hindu marries again while their earlier husband or wife is still alive, that second marriage is considered legally invalid from the start. Because of this, the person who remarries can be punished under the Indian Penal Code for the offence of bigamy, just as the law provides for such cases.

Official Text

Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code, 1860 (45 of 1860), shall apply accordingly.

Sections referred to

• IPC §494 — Marrying again during lifetime of husband or wife
• IPC §495 — Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Related Judgments

• LILY THOMAS, ETC. ETC vs UNION OF INDIA AND ORS — Supreme Court of India (2000)
• PRIYA BALA GHOSH vs SURESH CHANDRA GHOSH — Supreme Court of India (1971)
• SMT. PARAYANKANDIYAL ERA VATH KANAPRAVAN KALLIANI AMMA AND ORS. vs K. DEVI AND ORS — Supreme Court of India (1996)
• SMT. SARLA MUDGAL, PRESIDENT, KALYANI AND ORS. vs UNION OF INDIA AND ORS — Supreme Court of India (1995)
• REVANASIDDAPPA & ANR. vs MALLIKARJUN & ORS — Supreme Court of India (2023)
• VELAMURI VENKATA SIVAPRASAD (DEAD) BY L.RS. vs KOTHURI VENKATESWARLU (DEAD) BY L.RS. AND ORS — Supreme Court of India (1999)