Bigamy -- Invalid Marriage --Sections 494 and 498A IPC Inapplicable Where First Marriage Lacks Legal Existence Under Hindu Marriage Act
A Hindu marriage solemnised solely through execution of signatures on a non-judicial stamp paper, without customary rites and ceremonies, is a legal nullity under Sections 5 and 7 of the Hindu Marriage Act, 1955. Absence of valid solemnisation bars prosecution for bigamy under Section 494 of the IPC, which requires proof of a legally valid first marriage. Section 498A of the IPC does not extend to relationships that are legally non-existent from inception; the broad interpretation of "husband" under that provision applies only to void marriages performed through ceremonies, not to contractual arrangements unrecognised by law.
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