Offence of Bigamy and Proof of Solemnization of Second Marriage: Legal Paradox and Judicial Rigidity
Author : Dr. Dilsukh Thalore and Rakesh Kumar
Abstract :
This research paper undertakes a critical examination of the offence of bigamy under Indian law, analysing its statutory framework, doctrinal foundations, evidentiary complexities, and judicial interpretation. It explores the paradox that arises from the tension between the legislative objective of protecting monogamous marital fidelity through criminal sanctions and the stringent evidentiary standards that often shield offenders due to rigid judicial interpretation. The study evaluates relevant statutory provisions, evolving case law, constitutional principles, gender justice concerns, and comparative perspectives. The article particularly focuses on the statutory requirement of proving the solemnization of the second marriage and demonstrates how judicial insistence on strict proof of essential ceremonies has created a legal paradox. While the law seeks to deter bigamy and safeguard the rights and dignity of the aggrieved spouse, rigid evidentiary standards frequently frustrate successful prosecution, thereby undermining the very purpose of criminalising bigamy. The paper argues for a nuanced doctrinal and procedural recalibration that balances the foundational principles of criminal jurisprudence with the demands of substantive justice in matrimonial law.
Keywords :
Bigamy, second marriage, Evidence Act, marital validity, judicial rigidity, gender justice, statutory interpretation.
