M.V.Geethika Reddy, BBA LL.B.(Hons.), Alliance School of law, Alliance University, Bangalore
Introduction:
The lawsuit is concerned with the bigamy laws as well as how it is punished in India. Bigamy is offence and a punishable offence in India. Section 494 of the Indian Penal code, 1860 mentions the Bigamy-related laws are relevant to Christians, Sikhs, Parsis, Jains, Hindus, and Jains.
Facts of the case:
The defendant in this case is husband i.e., Durga Charan Hansdah and the appellant is wife i.e., Surajmani Stella Kajur and they both are from well known tribal communities they are Oraon and later Santhal.
In light of Section 2(2) of the Act, the appellant submitted that their marriage is not covered by the Hindu Marriage Act, 1955 and is instead governed only by Santhal norms and usage. The appellant further made reference to a claimed custom that has legal authority and forbids solemnizing second marriages and the consequences thereof.
Later, a complaint was made against the respondent for breaking the terms of Section 494 of the IPC by celebrating a second marriage while the previous marriage was still legally valid. The appeal was filed to the relevant court because the trial court dismissed the suit.
