Comprehension
Where a spouse contracts a second marriage while the first marriage is still subsisting, the spouse would be guilty of the offence of bigamy under the penal law in India, if it is proved that the first as well as the second marriages were legally valid, i.e., all the necessary ceremonies required by law or by custom have been performed at the time of contracting the marriages. According to the penal law in India, if a person, who has a living husband or wife, marries again, then such person is liable to be punished with imprisonment up to seven years along with a fine for committing the offence of bigamy. Although the penal law of India is applicable to all citizens irrespective of their religious affiliations, an exception to the offence of bigamy may be created by the law relating to marriage applicable to followers of a particular religion. Under the Hindu law relating to marriage, bigamy is not permitted. If a Hindu wife files a criminal complaint against her husband on the ground that during the subsistence of her marriage, her husband had married a second wife by converting into another religion which legally permits having more than one wife, then her husband is liable to be punished for the offence of bigamy. Further, the Hindu law relating to marriage also provides that the punishment for offence of bigamy as provided in the penal law of India would be applicable to marriage between two Hindus.
Question: 1
Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. In the given situation, which of the following statements is true?
Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. In the given situation, which of the following statements is true?
Updated On: Jul 9, 2024
- As Mr. A married Ms. C, the marriage of Mr. A and Ms. B has become invalid.
- As Mr. A is not a Hindu, the marriage of Mr. A and Ms. B has become invalid.
- Mr. A's marriage with Ms. C has not affected the validity of his marriage with Ms. B.
- Both (A) and (B).
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The Correct Option is C
Solution and Explanation
The correct option is (C): Mr. A's marriage with Ms. C has not affected the validity of his marriage with Ms. B..
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Question: 2
Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
Updated On: Jul 9, 2024
- Mr. A is liable to be punished according to the Hindu law relating to marriage.
- Mr. A is liable to be punished according to the penal law of India.
- Mr. A has not committed the offence of bigamy.
- Both (A) and (B).
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The Correct Option is D
Solution and Explanation
The correct option is (D): Both (A) and (B).
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Question: 3
Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was not solemnized as per Hindu rites and ceremonies or any other custom, but was performed by seeking blessings of their family members. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was not solemnized as per Hindu rites and ceremonies or any other custom, but was performed by seeking blessings of their family members. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
Updated On: Jul 9, 2024
- Mr. A has committed the offence of bigamy because he married again during the subsistence of the first marriage.
- Mr. A has not committed the offence of bigamy because his first marriage is not valid.
- Mr. A has committed the offence of bigamy because he underwent religious conversion in order to contract a bigamous marriage.
- Mr. A has not committed the offence of bigamy because his second marriage is not valid.
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The Correct Option is B
Solution and Explanation
The correct option is (B): Mr. A has not committed the offence of bigamy because his first marriage is not valid.
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Question: 4
Mr. A, a male belonging to religion 'P', has been married to Ms. B, a female belonging to religion 'P'. Their marriage was solemnized in compliance with all the legal requirements of contracting a valid marriage under religion 'P'. Monogamy is espoused as a cherished value by the followers of religion 'P' and provided as a pre-condition for a valid marriage for the followers of the religion. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'Q' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'Q', in compliance with all the legal requirements of contracting a valid marriage under religion 'Q'. Ms. B wife filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
Mr. A, a male belonging to religion 'P', has been married to Ms. B, a female belonging to religion 'P'. Their marriage was solemnized in compliance with all the legal requirements of contracting a valid marriage under religion 'P'. Monogamy is espoused as a cherished value by the followers of religion 'P' and provided as a pre-condition for a valid marriage for the followers of the religion. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'Q' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'Q', in compliance with all the legal requirements of contracting a valid marriage under religion 'Q'. Ms. B wife filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?
Updated On: Jul 9, 2024
- Mr. A has committed bigamyaccording to the Hindu law relating to marriage.
- Mr. A has committed bigamyaccording to the penal law of India.
- Mr. A has committed bigamyaccording to the law relating to marriage of religion 'P'.
- Both (B) and (C).
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The Correct Option is D
Solution and Explanation
The correct option is (D): Both (B) and (C).
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Question: 5
Which of the following statements is incorrect?
Which of the following statements is incorrect?
Updated On: Jul 9, 2024
- Marrying again during lifetime of husband or wife is a pre-condition for performing a valid Hindu marriage.
- Religious conversion is not a defence for the offence of bigamy under the penal law of India.
- Bigamy is an offence under the penal law of India.
- Offence of bigamy can be committed according to the provisions of Hindu law relating to marriage.
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The Correct Option is A
Solution and Explanation
The correct option is (A): Marrying again during lifetime of husband or wife is a pre-condition for performing a valid Hindu marriage.
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