According to HC, relatives and second spouses are not subject to bigamy laws

BENGALURU: The Karnataka High Court has decided that the second spouse and his or her family members cannot be charged with bigamy under Section 494 of the Indian Penal Code (IPC).
Justice Suraj Govindaraj noted in his order that under Section 494, “it is only the person who marries for a second time during the subsistence of his/her earlier marriage and the lifetime of the earlier spouse could be prosecuted and punished for the offence (of bigamy),” while quashing the proceedings against the second wife’s parents and sister.

The complainant’s sister and parents live in Hulugindi, in the Kadur taluk of the Chikkamagaluru district. The complainant’s sister married the petitioner’s claimed spouse. They had contested the legal action taken against them on the grounds of the first wife’s allegation.
The complaint was submitted by the first wife, a nurse employed by the government hospital in Chitradurga, against her husband, his buddy, and his second wife. Due to their involvement in the marriage, the second wife’s parents and sister were mentioned.

The petitioners contended that as they are the accused second wife’s mother, father, and sister, they are not subject to prosecution under Section 494 of the IPC, which only considers the prosecution of the individual who committed the act. However, the complainant said that the second marriage had occurred as a result of the petitioners’ involvement, constituting an infraction under Section 494.
The court pointed out that Section 494 stipulates that a person might face up to seven years in jail if they marry while their spouse is still alive. “The provision does not contemplate prosecuting the person who the husband or wife has married, let alone the father, mother, and sister who participated in or attended the second wedding,” he said.