Legal Update: Live-in-relationship pending divorce proceedings may result into an offence of Bigamy

Introduction:

In a recent legal saga involving the issues of “Bigamy,” “Live-in-Relationships,” and “Divorce,” we’re here to break down the complexities of the case. Join us for an insightful update on how the court untangled the web of relationships within the legal landscape.

The Bigamy Conundrum:
A couple, living in a “Live-in-relationship” claiming adulthood, recently knocked the doors of the court seeking protection against alleged threats and false criminal charges. As the layers peeled away, it was revealed that one of them was married, setting the stage for a potential offence of committing am offence of bigamy. The court raised eyebrows, considering the legal implications under Sections 494/495 (Bigamy) of the Indian Penal Code.

“Section 494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.—Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Live-in-Relationship Dynamics:
The couple asserted that they had been in a ‘live-in relationship’ since September 2023. However, the legal lens focused on the intricacies of this arrangement, particularly given the existing marriage of one party. The court deliberated on whether this fell within the legal framework of a ‘live-in relationship’ or if it veered into the territory of bigamy.

Divorce Drama Unveiled:
Further, it also came to light that the married individual had an ongoing divorce case. The court, however, remained in the dark about the current status of this legal process, prompting questions about the legitimacy of the presented relationship. The specter of bigamy loomed, as the court considered the potential offenses related to this complex marital situation.

Court’s Verdict and Scrutiny:
The court closely examined the presented case, emphasizing the need for concrete evidence. Alleged threats lacked specificity, and the court questioned the true motive behind the petition, suggesting it might be an attempt to circumvent legal consequences, particularly those associated with bigamy.

Conclusion:
This legal update underscores the intricacies between personal relationships and legal complexities, especially concerning bigamy, live-in-relationships, and divorce. As the court dismissed the petition due to insufficient grounds, it serves as a reminder of the importance of transparency and robust evidence when navigating the legal labyrinth in matters of the heart. Stay tuned for more legal insights as we explore the evolving landscape of relationships and the law.

For any legal assistance regarding Divorce Procedures, or Offence of Bigamy, or Legal issues involved in Live-in-relationships, please contact Lexway Chambers Contact us