Bigamy--Section 494 IPC Not Attracted To Second Marriage Of Muslim Man--Void Marriage Is Essential Ingredient Of Bigamy
Section 494 IPC applies only where the second marriage is void by reason of the subsistence of the first marriage. Under Muslim Personal Law, a Muslim male is permitted to contract up to four marriages; a subsequent marriage does not become void merely because the first marriage subsists. Accordingly, the essential ingredient of Section 494 IPC is not satisfied in cases governed by Muslim Personal Law. This position is settled by the Supreme Court in Sarla Mudgal v. Union of India (1995) and Khursheed Ahmad Khan v. State of UP (2015).
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