Live-in Relationship & Bigamy

2. “ Chains do not hold a marriage together. It is threads, hundreds of tiny threads, which sew
people together through the years”
~ Simone Signoret

4.  Bigamy means a remarry another women or men when his or her spouse is still
alive. Basically, second marriage takes place when the first marriage is still
subsisting.
 Before Commencement of Hindu Marriage Act, 1955 bigamy was acceptable
practice amongst the Hindu men as there were no bar on having two wives. The
most common example of Bigamy which we can evidence from past is the case of
king, who have two wives or more.
 However, after the Commencement of Hindu marriage Act,1955 the practice of
bigamy is considered as void. It says, that if wife or husband engage in second
marriage while the spouse from first marriage is alive then that marriage will be
considered as void marriage. Also if this type of marriage will takes place then it
will attract the penal provision i.e. 494 of IPC,1855. And the person who will
engage in such type of marriage will be punished under S.494 of IPC ( Section 17
of Hindu Marriage Act,1955).
 Section 5 of HMA,1955 mention few condition for marriage to be valid . One of
that condition is that neither party should have spouse living at the time of
marriage. So, for the second marriage to be considered as valid it is necessary that
the other spouse (husband or wife) should be dead at the time of second marriage.
 For marriage to be complete and binding, it is necessary that men and women
marry according to their customary rites and ceremonies performed by any of
them including saptapadi. Once the seventh step is taken the marriage become
binding and complete (Section 7 of Hindu Marriage Act, 1955).

5. To establish the case of bigamy, there is need of few essential element to be present.
Essential element to establish the case of bigamy is laid down in case of
Nagalingam V. Shivagami.
 The individual (accused) must be entered into first marriage
 The accused performed second marriage while the first marriage was subsisting
 Both the marriage should be valid.

6. The concept of bigamy can not be applied in certain situations .
 When the husband or wife from first marriage is not alive
 When first marriage got dissolved under section 13 of HMA, 1955
 If spouse from first marriage is unheard for seven years, they presumed to be dead
(S.108 Indian Evidence Act)
 When first marriage declared to be void
 When the first marriage is voidable in nature, and this first marriage can be
annulled by the virtue of section 12 of HMA, 1955.

7.  In past Hindu Men converted themselves to other religion, basically to Islamic
religion to get into second marriage without dissolving first marriage.
 As polygamy was allowed in Islamic personal laws and because polygamy was
allowed in Muslim religion, most of Hindu people took advantage of this
allowance of polygamy in Islamic religion and no bar on polygamy in Islamic
religion was vision as convenient route for Hindu men to bypass the penance of
bigamy.
 In Sarla Mudgal v. Union of India, court laid down the principle against the
practice of the solemnization of 2nd marriage, either by Hindu men or women by
convert their religion to Muslim religion without dissolving the first marriage. In
this case Supreme court held that the marriage which were performed according
to Hindu Marriage Act then dissolution can only take place through the provision
of the act. So , we can say that the first marriage will still be valid under
HMA,1955 and second marriage solemnized after conversion to another religion
would be void as it violate the provision of HMA and it will attract the penal
provision u/s 494 IPC.

8.  In Lily Thomas v. Union of India, the supreme court said that conversion does not
dissolve the marriage of two Hindus which were performed according to Hindu
Marriage Act, 1955 and the second marriage which were performed by the
converted husband or wife will be violation of natural justice. Also, the status of
wife or husband from second marriage would be of odalisque and the children
born out that marriage will be considered as illegitimate.
 Conversion can be a ground for dissolution of marriage under Hindu Marriage
Act,1955 . However conversion can not struck away civil obligation or
matrimonial bond.
 Sarla Mudgal and Lily Thomas, Case put halt to peril of Bigamy by conversion to
Islamic religion.

10.  Live-in relationship means two people live together under same roof and
conducted themselves as married couple for all practical purpose without getting
married.
 The reason behind people to go for live-in relation is to check how compatible
they are with each other.
 This live-in relationship, will help the couple that whether they can live together or
not. And this practice somewhere protect two individual (couple) from mayhem of
family drama and complex and stressful court procedure in the event when couple
decides to divorce.
 Whatever is the rationale be, it is evident that in the customary society like ours
where marriage is considered as sacrament , an enhance number of people prefer
live-in relation even as long term plan for marriage.

11.  There is no specific law in India which governs the live-in relationship .There is
no statue or Act which defines the obligation and rights of the person who is in
Live-in Relationship and there no specific laws for the child born out of that
relationship.
 There is no definition of live-in relationship in any of Indian's statue books, so the
legal status of such type of relationship is unknown.
 Although Indian law is still in murky about legal status of couple who go for live-
in, a few right have been created by interpreting and amending the existing laws in
order to prevent the individual from misuse of such type of relationship.
 Few legislation gives right to the people who are in live-in are :
a) Protection Of Women from Domestic Violence Act,2005
b) Criminal Procedure Code, 1873

12.  Protection Of Women From Domestic Violence Act, 2005
The court interpreted the word “relationship in the nature of marriage” in favor live-in
relationship for the very first time because they were of the opinion that live-in relationship fall
within this phrase “ relationship in nature of marriage” and the live-in relation and the word
nature of marriage share the same line and meaning. And thus, provision of Protection of
women from domestic violence is extended for the people who are in live in relationship
( Section 2 (f) of Domestic Violence Act,2005, )
 Criminal Procedure Code,1873
One of the provision of this statue was initially enacted to prevent vagrancy and destitution for
wife or children or elderly parents and now it is extended to the couple in live in relationship (
section 125 of CrPc).
Malimath committee submitted their report in 2003 in which they recommended to modify the
definition of ‘wife’ under section 125 of CrPc. As a result of this recommendation by
Malimath committee , a revision was made in the section and now the word ‘wife’ in section
125 of CrPc also include women who were previously in a live-in relationship and now her
accomplice was abandoned her at her partner will as women in live-in relationship can obtain
the status of wife.
It basically say that the female who lived in a live-in relationship for reasonable period of time
then she will get same legal right as that of wife as far as maintenance is concerned .

13.  “ With changing social norms of the legitimacy in every society, including our, what was
illegitimate in the past maybe legitimate today”
~ Hon’ble Justice A.K Ganguly
 In Mohabhat Ali v. Mohammad Ibrahim Khan, the privy council said that , there will be
presumption in favor of marriage and against cincubinage only when a woman and man
have been in cohabiting relationship cotinuously for number of years.
 In Badri Prasad v. DY. Director Of Consolidation case, court said that strong
presumption will arise in favor of wedlock when couple have lived together as wife and
husband for a long period of time.
 Indra Sarma v. V.k.v Sarma case , the court gave detailed guidelines what constitute
Live-in Relation akin to marriage.
 This detailed guidelines mentioned in Section 2(f) Domestic Violence Act
 Section 2 (f) Of Domestic Violence Act mentioned that:
a) Relationship between couple should be lasted for a reasonable period of time
b) They should share the residence
c) It entails pooling of resources and couple share the ownership of tangible & intangible
assets.
d) The couple should have sexual relation ship but also the intimate relationship
e) The couple had gave birth or rise to child or children

14.  According to HMA, 1955 , a marriage of Hindu man and woman can be
solemnized according to the customary rites and ceremony of the either one of the
party.
 So , for second marriage to be considered as valid marriage it is necessary to fulfill
the requirements of section 7 of Hindu Marriage Act,1855.
 If the second marriage is not performed according to section 7 of Hindu marriage
Act, then that marriage will not be valid and there will no question of void
marriage because it occurred during the life time of spouse of person who is
marrying again.
 If marriage is not performed with accordance with section 7 then that marriage
will not be valid and if marriage will not be valid then it is not a marriage in the
eyes of law.

15.  As far, we know that live-in relation has gained sporadic acceptance since the advent of
liberal thinking especially in metropolitician cities.
 Sometimes, we heard of the news that a married man get into in live in relationship with
women other than his spouse, they basically desert their spouse and enter into live in
with another woman without incurring penal consequences under section 494 of Indian
Penal code and unfortunately this cases has gained traction.
 It is weird that they are already married and they stay with other woman in live-in
relation while the wife is still alive and they don’t even get penalized for offence of
Bigamy under section 494 of IPC.
 The escape route for the husband over here is that the wife or the prosecution is unable
to prove and give evidence of relationship entered by husband with another woman
fulfill the requirement of valid marriage under section 7 of Hindu marriage act, 1855 that
is solemnization of second marriage by performing necessary customary rites
 In Bahurao Shankar case, the husband (respondent) get acquittal merely because the
first wife was unable to prove the performance of ceremonies i.e., saptapadi and
invocation before fire. Court said that since first wife unable to prove the performance of
ceremonies , the husband second marriage is not valid and it is not marriage in the eyes
of law. And because the ceremonies have been not performed then the offence of
Bigamy deemed not made out.
 Similar judgment was held in Ram Singh v. Susila Bai.

16.  In Priya Bala Ghosh v. Suresh Chandra Ghosh , case court held that in case of Bigamy
or adultery the admission can not be considered as evidence of second marriage have
occurred and in this type of case prosecution have to prove that second marriage has
been performed according to customary rites.
 In this type of cases female counterpart who was in living relationship get protection and
maintenance under domestic violence act. However the court in Indra Sarma case the
court denied the maintenance to appellant and the decision was some what contradictory
in nature. The court declared the appellant in this case to absolved the man from all
liabilities and mistress. However , the golden lining in Indra Sarma case was live-in
relationship is akin to marriage.
 Hypothetically, if appellant in Indra Sarma case had been able to prove that she was in
live-in relation with V.k.V Sarma which is basically akin to marriage then she would
have been entitled some maintenance under Domestic violence act. So would this can
give an opportunity to first wife to file a case under section 394 of IPC against her
husband for the wrong which she suffered?
 The husband or wife whoever entered into live in which is considered as akin to
marriage but by non performing of necessary ceremonies they are exempted from the
penalty of section 494 of IPC. Law against bigamy does not apply to live-in relation
 Thus, Law provided renegade spouse an easy escape route. There is a loopholes in
provisions and the interpretation of judges in cases and there is a need for amendment in
the provision