bigamy: live in relationship
A girl age 16 year and boy is 18 year old. they stay in living relationship during their relationship girl become pregnant. then boy marry to another girl. Is boy would be held liable for the Bigamy or not?
In this case, the minor girl and the boy are not married instead are living in a live in relationship, which cannot be equated to a marriage for the purpose of bigamy. The pre-condition for bigamy under section 494 IPC, 1860 is that the husband/wife should have entered into a second marriage while his first wife/husband is alive. It is not a case of Bigamy, but the boy can be charged for Rape under Section 376 IPC, 1860.
Dear, bigamy is the condition of having two wives or two husbands at the same time. A marriage in which one of the parties is already legally married is bigamous, void, and ground for annulment. The one who knowingly enters into a bigamous marriage is guilty of the crime of bigamy, but it is seldom prosecuted unless it is part of a fraudulent scheme to get another's property or some other felony. Occasionally people commit bigamy accidentally, usually in the belief that a prior marriage had been dissolved. But in this case the marriage which is solemnized between two minor is not bigamy but is voidable at the option of the party to marriage when they attain age of marriage. Generally, in India the legal age of marriage is 18years for girls and 21 years for boys. Any person married at the age below legal age of marriage, then their marriage is voidable.Regards
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