Section 44 of The Special Marriage Act, 1954
Every person whose marriage is solemnized under this Act and who, during the lifetime of his or her wife or husband, contracts any other marriage shall be subject to the penalties provided in section 494 and section 495 of the Indian Penal Code (45 of 1860), for the offence of marrying again during the lifetime of a husband or wife, and the marriage so contracted shall be void.
Summary
- It penalizes any person married under this Act who contracts another marriage during their spouse's lifetime.
- It subjects the offender to the penalties of Section 494 and Section 495 of the Indian Penal Code, 1860.
- It declares any subsequent marriage contracted by such a person to be completely void.
- It ensures that a marriage performed under this special marriage law cannot coexist with any other marriage.
Practical examples
FAQ
1. What is the punishment for bigamy under Section 44 of the Special Marriage Act, 1954?
Under Section 44 of the Special Marriage Act, 1954, any person married under this Act who marries another person during their spouse's lifetime is subject to the penalties of Section 494 and Section 495 of the Indian Penal Code, 1860.
2. Is a second marriage valid if the first marriage was performed under the Special Marriage Act, 1954?
No, under Section 44 of the Special Marriage Act, 1954, any subsequent marriage contracted during the lifetime of the spouse from the first marriage is void.
Test yourself
Q1.Under Section 44 of the Special Marriage Act, 1954, what is the legal result of a second marriage contracted under any form by a person whose first marriage is solemnized under this Act?
Q2.What distinguishes the scope of Section 43 from Section 44 under the Special Marriage Act, 1954?
Q3.Under Section 44 of the Special Marriage Act, 1954, what specific laws are referred to for bigamy penalties?
Q4.Under Section 44 of the Special Marriage Act, 1954, whose lifetime must the subsequent marriage be contracted during to constitute an offense?