BOMBAY PREVENTION SHORT TITLE 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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(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.
The provisions of this Act shall apply to Hindus only.
In this Act, unless there is anything repugnant in the subject, or context,--
Notwithstanding any law, custom or usage to the contrary, a bigamous marriage shall be void,--
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).
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.
(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.
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.
Offences under this Act shall be Cognizable.
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