Wednesday, 2 February 2022

Offences relating to marriage

 Offences Relating to Marriage (Ss. 493-498) by kalyani

There are five heads of offences in marriage as foolows:

  1. Mock Marriage:

  2. Bigamy:

  3. Adultery:

  4. Criminal elopement:

  5. Husband subjecting wife to cruelty:

1. Mock Marriage (Ss.493 &496)

A] Mock marriages is explained under section 493 and 496. If a man deceitfully makes a women believe that the marriage between them is a lawful marriage and have sexual intercourse with her than that marriage is said to be mock marriage.

B] when a man Deceitfully or fraudulently goes through a marriage ceremony knowing that no lawful marriage is thereby created than it is an invalid or mock marriage.

2. Bigamy (Ss. 494 & 495)

Whoever, having a husband or wives living marries in any case in which such marriage is void, by reason of its taking place during the life time of such husband or wife, is guilty of Bigamy.

If a person marries even if he is married to anyone before than he is punishable under Bigamy.

Two exceptional cases in which second marriage is valid.

  1. When first marriage has been declared void by court of competent jurisdiction.

  2. When husband or wife has been absent or haven’t heard for 7 or more years

3. Adultery (S. 497)

Adultery is the third offence against marriage which was recently declared as unconstitutional by supreme court in joseph shine v. union of india.

4. Criminal elopement (S. 498)

“Whoever takes or entices away any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from any other person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both”.

5. Husband subjecting wife to cruelty (S. 498)

When any husband harasses his wife such as injury, torchering in such a way which leads to suicide of such wife whether such cruelty is with a view to coercing her.

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