Mr. Sameer Sharma, a resident of the bustling city of Anandpur, finds himself in a complex emotional and legal predicament. He is in a committed relationship with two women, Ms. Riya Verma and Ms. Pooja Desai. Ms. Desai has been his long-term partner, and their bond is deep-rooted, while his feelings for Ms. Verma are also profound. Both women are aware of each other and, in an attempt to find a solution that doesn’t cause heartbreak, have expressed their willingness to live with him together. Mr. Sharma is contemplating this arrangement, as both women wish to have children with him and be recognised as his partners. However, he is deeply concerned about the legal fallout of such a decision, especially regarding potential criminal charges, family acceptance, and the legal status of his relationships and future children.

Advice in such cases

Navigating such a situation requires a clear understanding of Indian law, which strictly prohibits bigamy for Hindus. An arrangement involving marriage to or cohabitation with two women simultaneously, even with consent, is fraught with severe legal and social consequences.

• It is crucial to understand that under the Hindu Marriage Act, 1955, a person cannot legally marry a second time while their first spouse is alive and the marriage has not been dissolved by a decree of divorce.
• Consent of all parties involved does not validate a bigamous marriage or relationship. The law views bigamy as an offence against the institution of marriage and society.
• Attempting to maintain two households or live with two partners can lead to claims under various laws, including the Protection of Women from Domestic Violence Act, 2005, and maintenance claims under the Bharatiya Nagarik Suraksha Sanhita, 2023.
• The emotional and psychological toll on all individuals, including future children, can be immense. The legal ambiguity surrounding the status of the second partner and her children can lead to lifelong disputes over inheritance and rights.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The legal framework in India is unequivocally clear on this matter. Several statutes come into play:

• The Hindu Marriage Act, 1955: Section 5(i) lays down the condition that neither party should have a spouse living at the time of the marriage. Section 11 declares a bigamous marriage null and void from its inception. Section 17 makes bigamy a punishable offence.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 82 of the BNS (which replaces Section 494 of the IPC) criminalizes bigamy. It prescribes imprisonment for a term which may extend to seven years, and also a fine, for anyone who marries again during the lifetime of a husband or wife.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Section 144 of the BNSS (which replaces Section 125 of the CrPC) allows a wife, children, and parents to claim maintenance. Courts have interpreted “wife” in a broad sense in certain contexts to include women in long-term relationships akin to marriage, which could potentially allow the second partner to claim maintenance.
• The Protection of Women from Domestic Violence Act, 2005: A relationship where two people live together in a shared household as if they were married is considered a “domestic relationship.” The second partner could file a case alleging emotional, verbal, or economic abuse under this Act.

If you are the complainant

If you are the man in this situation, you are not a “complainant” but rather the individual who could face legal action. Your primary focus should be on mitigating legal risks and making a lawful choice.

• Acknowledge the illegality of marrying a second woman or promising to do so. Such an act can lead to criminal prosecution.
• Understand that even without a formal second marriage, cohabiting with another woman while being married to the first can lead to civil liabilities, including maintenance and claims under the Domestic Violence Act.
• Avoid making conflicting promises or entering into any written agreements that suggest a polygamous arrangement, as these would be legally unenforceable and could be used against you in court.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are one of the women in this scenario, your legal rights and remedies depend on your status (whether you are the first wife or the second partner).

• The First Wife: If your husband attempts to marry another woman, you can file a complaint under Section 82 of the BNS for the offence of bigamy. The second marriage would be legally void. You can also seek divorce on the grounds of adultery or cruelty and claim maintenance and a share in the property.
• The Second Partner: If you were unaware of the first marriage, you are a victim of fraud. While your marriage is void, you can still claim maintenance from the man. Any children born from this relationship are considered legitimate under Hindu law and are entitled to inherit from their father’s property. You may also file a complaint for cheating.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

When a complaint of bigamy is filed, typically by the first wife, the police are obligated to register a First Information Report (FIR) as it is a cognizable offence. The investigation will involve collecting evidence of both marriages. They will record statements from the complainant, the accused, the second wife, and any witnesses (such as priests, family members, or guests at the wedding). If sufficient evidence is found, the police will file a chargesheet in court, and the criminal trial will commence.

FAQs people normally have

What if all three of us consent to the arrangement?
Consent is irrelevant in a criminal case of bigamy. The law is absolute. A person cannot have two spouses simultaneously under Hindu law, regardless of the consent of the parties involved. The offence is against the state and public policy.

Can we live together without a formal marriage to the second partner?
While this avoids the criminal charge of bigamy under Section 82 BNS, it creates a host of other legal problems. The relationship would be considered a “relationship in the nature of marriage” under the Domestic Violence Act, exposing the man to potential legal action. The second partner could also claim maintenance under Section 144 of the BNSS. The legal status of this relationship remains ambiguous and insecure for the woman.

What are the legal rights of children born from the second relationship?
Under Section 16 of the Hindu Marriage Act, 1955, children born out of a void marriage (such as a bigamous one) are considered legitimate. They have the right to inherit the property of their parents, but they may not have rights to the ancestral property of the Hindu Undivided Family (HUF).

What evidence is required?

To prove bigamy, the prosecution must establish the existence of a valid first marriage and the subsequent performance of a second marriage. Evidence can include:

• Marriage certificates for both marriages.
• Photographs, videos, and wedding invitations.
• Testimonies of witnesses who attended the ceremonies.
• Statements from the priest or marriage registrar.
• Evidence of cohabitation, such as joint bank accounts, rental agreements, or birth certificates of children naming the man as the father.

How long will the investigation take?

The duration of a police investigation for bigamy can vary significantly. It typically takes a few months to a year for the police to complete their investigation and file a chargesheet. The timeline depends on the complexity of the case, the availability of evidence and witnesses, and the workload of the local police. The subsequent court trial can take several years to conclude.

Advocate Sudhir Rao, Supreme Court of India