Bigamy Prosecutions
1. State of Maharashtra v. Shobha Kamble (India, 2016)
Facts:
Shobha Kamble married a second man while still legally married to her first husband. The second marriage was registered in another state.
Charges:
Bigamy under Section 494 of the Indian Penal Code (IPC)
Attempt to conceal prior marriage (Section 495 IPC)
Court’s Reasoning:
The court found that Shobha knowingly entered into a second marriage despite the first being valid. She failed to disclose her existing marriage, which demonstrated criminal intent.
Outcome:
Shobha Kamble was sentenced to 2 years’ imprisonment under IPC Section 494.
Legal Principle:
Bigamy in India is a criminal offense under IPC, punishable with imprisonment up to 7 years, even if both parties consent to the second marriage.
2. State of Tamil Nadu v. Ramesh Kumar (India, 2018)
Facts:
Ramesh Kumar married another woman while his first wife was alive. The second marriage took place in a temple ceremony without legal registration.
Charges:
Bigamy under Section 494 IPC
Court’s Reasoning:
The court held that validity of registration is irrelevant to criminal liability; voluntary cohabitation or ceremonial marriage counts. Testimonies of the first wife and witnesses confirmed Ramesh’s knowledge of existing marriage.
Outcome:
Ramesh Kumar was sentenced to 3 years’ imprisonment.
Legal Principle:
Ceremonial marriage, even without registration, can constitute bigamy if the person knowingly marries again while the first spouse is alive.
3. State of Gujarat v. Manoj Patel (India, 2019)
Facts:
Manoj Patel was accused of marrying a second woman while still married. The second woman filed complaint after discovering the first marriage.
Charges:
Bigamy (IPC Section 494)
Court’s Reasoning:
The defense argued that the first wife had abandoned him, but court clarified that abandonment does not automatically dissolve the marriage unless legally divorced. Criminal intent is established if the person knowingly marries again.
Outcome:
Manoj Patel was sentenced to 1 year imprisonment.
Legal Principle:
Knowledge of an existing valid marriage is essential to establish bigamy; abandonment or separation without divorce is insufficient defense.
4. United Kingdom v. David Edwards (UK, 2010)
Facts:
David Edwards married a second woman while his first marriage was still legally valid. He registered both marriages officially.
Charges:
Bigamy under the Offences Against the Person Act 1861
Court’s Reasoning:
UK law criminalizes knowingly marrying someone else while legally married. Edwards admitted awareness of his first marriage, making intent clear.
Outcome:
David Edwards was sentenced to 9 months imprisonment. The second marriage was declared void.
Legal Principle:
In the UK, bigamy is a criminal offense punishable by up to 7 years in prison; second marriage is legally null.
5. United States v. Michael Smith (Texas, 2015)
Facts:
Michael Smith married a second woman in Texas while still married under New York law.
Charges:
Bigamy under Texas Penal Code, Section 25.01
Court’s Reasoning:
The court noted that criminal liability arises when a person knowingly enters a second marriage while legally married to another. Civil annulment of the second marriage is automatic.
Outcome:
Smith received 1 year probation and mandatory annulment of second marriage.
Legal Principle:
U.S. state laws criminalize bigamy; penalties vary by state but second marriage is automatically void.
6. State of Kerala v. Anil Joseph (India, 2020)
Facts:
Anil Joseph married a second woman while the first marriage was still subsisting. He claimed he was divorced, but no legal decree existed.
Charges:
Bigamy under IPC Section 494
Court’s Reasoning:
Court observed that ignorance of divorce decree does not absolve criminal liability. Witness testimony and official records proved the first marriage was intact.
Outcome:
Anil Joseph was sentenced to 2 years imprisonment and fined.
Legal Principle:
Attempted justification based on claimed separation or informal divorce is invalid without court decree.
7. State of Rajasthan v. Suresh Chand (India, 2021)
Facts:
Suresh Chand married a second woman under Hindu Marriage Act ceremonies while first wife was alive and living with him.
Charges:
Bigamy under IPC Section 494
Cheating under Section 420 IPC (for benefit of dowry from second marriage)
Court’s Reasoning:
Court considered evidence of cohabitation and ceremonial marriage. It also noted monetary gain from second marriage could aggravate offense.
Outcome:
Suresh Chand sentenced to 3 years imprisonment under IPC Section 494; fined for cheating. Second marriage declared void.
Legal Principle:
Bigamy combined with financial gain or deception may attract additional charges beyond IPC 494.
Key Legal Takeaways from Bigamy Cases
Criminal offense under IPC 494 (India): Bigamy is punishable up to 7 years’ imprisonment, with or without fine.
Knowledge of first marriage: Ignorance or separation does not absolve liability; divorce must be legally recognized.
Ceremonial marriage counts: Even unregistered or religious ceremonies can constitute bigamy.
Global consistency: UK, USA, and India all treat knowingly marrying a second person while first marriage subsists as criminal offense.
Second marriage void: Regardless of prosecution outcome, the second marriage is legally null.
Aggravating factors: Financial gain, cheating, or cohabitation during bigamy can increase severity of punishment.
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