BOMBAY PREVENTION SHORT TITLE OF HINDU BIGAMOUS MARRIAGES ACT 1946

BOMBAY PREVENTION OF HINDU BIGAMOUS MARRIAGES ACT, 1946

Act No. 25 of 1946

06th November, 1946

An Act to provide for the prevention of bigamous marriages among Hindus. WHEREAS it is expedient to provide for the prevention of bigamous marriages among Hindus; It is hereby enacted as follows:--

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S.1 Short title and extent

(1) This Act may be called the Bombay Prevention Short title of Hindu Bigamous Marriages Act, 1946.

(2) It extends to the whole of the Province of. Bombay.

S.2 Application of Act

The provisions of this Act shall apply to Hindus only.

S.3 Definitions

In this Act, unless there is anything repugnant in the subject, or context,--

(1) " bigamous marriage" means the marriage of a person during the lifetime of-his or her spouse, if the marriage of such person with such spouse has not been dissolved or declared void by a court of competent jurisdiction, or is not void according to the custom or usage of the community to which either of the parties to such marriage belongs.
(2) " Hindu" includes a Sikh, Jain, Buddhist, a follower of the Arya or Brahma Samaj or a convert to Hinduism.
(3) "minor" means any person who is under sixteen years of age.

S.4 Bigamous marriages to be void

Notwithstanding any law, custom or usage to the contrary, a bigamous marriage shall be void,--

(a) if it is contracted in this Province after the coming into force of this Act,
(b) if it is contracted beyond the limits of this Province after the coming into force of this Act and either or both the contracting parties to such marriage are domiciled in this Province.

S.5 Penalty for bigamous marriage

Notwithstanding any law, custom or usage to the contrary, whoever not being a minor contracts a bigamous marriage which is void under section 4 shall be deemed to have committed an offence under section 494 of the-Indian Penal Code (XLV of 1860).

S.6 Penalty for solemnising bigamous marriage

Whoever performs, conducts or abets any bigamous marriage in this Province shall, on conviction, be punishable with imprisonment of either description for a term which may extend to six months or with fine or with both, unless he proves that he had reason to believe ' that the marriage was not a bigamous marriage.

S.7 Penalty for person having charge of minor concerned in bigamous marriage

(1) When a minor contracts a bigamous marriage which is void under section 4, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or otherwise, who does any act to promote the marriage, or permits it to be solemnised or negligently fails to prevent it from being solemnised shall, on conviction, be punishable with imprisonment of either description for a term which may extend to six months or with fine or with both.

(2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a bigamous marriage which is void under section 4, the person having charge of such minor, whether as parent or guardian, or in any other capacity, lawful or otherwise, has negligently failed to prevent the marriage from being solemnised.

S.8 Jurisdiction under Act

Notwithstanding anything contained in section 190 of the Code of Criminal Procedure, 1898 (V of 1898), no court other than that of a Presidency Magistrate or a Magistrate of the First Class shall take cognizance of or try any, offence punishable under section 6 or 7 of this, Act.