Comprehension
Where a spouse contracts a second marriage while the first marriage is still subsisting, the spouse would be guilty of the offence of bigamy under the penal law in India, if it is proved that the first as well as the second marriages were legally valid, i.e., all the necessary ceremonies required by law or by custom have been performed at the time of contracting the marriages. According to the penal law in India, if a person, who has a living husband or wife, marries again, then such person is liable to be punished with imprisonment up to seven years along with a fine for committing the offence of bigamy. Although the penal law of India is applicable to all citizens irrespective of their religious affiliations, an exception to the offence of bigamy may be created by the law relating to marriage applicable to followers of a particular religion. Under the Hindu law relating to marriage, bigamy is not permitted. If a Hindu wife files a criminal complaint against her husband on the ground that during the subsistence of her marriage, her husband had married a second wife by converting into another religion which legally permits having more than one wife, then her husband is liable to be punished for the offence of bigamy. Further, the Hindu law relating to marriage also provides that the punishment for offence of bigamy as provided in the penal law of India would be applicable to marriage between two Hindus.
Question: 1

Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. In the given situation, which of the following statements is true?

Updated On: Jul 14, 2026
  • As Mr. A married Ms. C, the marriage of Mr. A and Ms. B has become invalid.
  • As Mr. A is not a Hindu, the marriage of Mr. A and Ms. B has become invalid.
  • Mr. A's marriage with Ms. C has not affected the validity of his marriage with Ms. B.
  • Both (A) and (B).
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The Correct Option is C

Approach Solution - 1

The correct option is (C): Mr. A's marriage with Ms. C has not affected the validity of his marriage with Ms. B..
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Approach Solution -2

Mr. A validly married Ms. B under Hindu rites, then converted to religion 'X' and validly married Ms. C under that religion's law, which permits more than one wife. The question asks what effect, if any, this has on the validity of Mr. A's first marriage to Ms. B. Let's examine each option:

  1. Option A: This claims the first marriage becomes invalid because Mr. A married Ms. C. But a marriage that was validly solemnized according to the rites and law applicable at the time it was contracted does not retroactively become invalid because of a later event, such as a subsequent marriage. The first marriage's validity is assessed as of when it was performed, so this option is incorrect.
  2. Option B: This attributes invalidity to Mr. A no longer being a Hindu at the time of the second marriage. But Mr. A's later conversion out of Hinduism does not undo a marriage that was validly performed under Hindu law while he was still Hindu, a change of personal religion afterward does not reach back and unmake an already-completed valid marriage.
  3. Option C: This is correct. The marriage between Mr. A and Ms. B was validly solemnized under Hindu law at the relevant time, and nothing about Mr. A's subsequent conversion or his subsequent marriage to Ms. C operates to dissolve or invalidate that first marriage. The first marriage continues to subsist as a matter of law unless and until it is formally dissolved through a legally recognized process, such as divorce, which has not happened here.
  4. Option D: Since both Option A and Option B are individually incorrect, for the reasons given above, an option combining them cannot be correct either.

A validly performed marriage is not undone by a spouse's later conversion or subsequent marriage, it continues to exist unless properly dissolved.

Therefore, the correct answer is Mr. A's marriage with Ms. C has not affected the validity of his marriage with Ms. B.

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Question: 2

Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was solemnized as per Hindu rites and ceremonies. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?

Updated On: Jul 14, 2026
  • Mr. A is liable to be punished according to the Hindu law relating to marriage.
  • Mr. A is liable to be punished according to the penal law of India.
  • Mr. A has not committed the offence of bigamy.
  • Both (A) and (B).
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The Correct Option is D

Approach Solution - 1

The correct option is (D): Both (A) and (B).
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Approach Solution -2

Ms. B, still validly married to Mr. A, files a criminal complaint against him for bigamy after he converts and marries Ms. C under a religion that permits two wives. The question asks what liability, if any, Mr. A faces. Let's examine the options:

  1. Option A: This says Mr. A is liable under the Hindu law relating to marriage. Since Mr. A and Ms. B married under Hindu law, and that law also expressly extends the penal-law punishment for bigamy to marriages between two Hindus, this is indeed one true basis for his liability, though it is not the complete picture on its own.
  2. Option B: This says Mr. A is liable under the general penal law of India. Since his first marriage to Ms. B remains valid, and he has gone on to marry Ms. C while that first marriage subsists, he satisfies the ordinary elements of the offence of bigamy under India's general penal law as well, so this too is independently true, though again only part of the answer.
  3. Option C: This claims Mr. A has not committed the offence of bigamy at all. But since his first marriage to Ms. B was validly performed and still subsists, and he thereafter validly married Ms. C, both marriages being legally valid is exactly the situation the offence of bigamy is meant to punish, so this option is incorrect.
  4. Option D: This is the correct, complete answer. Mr. A's liability arises both under the Hindu law relating to marriage, which specifically extends the bigamy punishment to marriages between Hindus, and independently under the general penal law of India, which applies to all citizens regardless of religion. Since both legal bases for liability are simultaneously true on these facts, the combined option captures the position most accurately.

Because both the Hindu law framework and the general penal law independently render Mr. A liable, the complete and accurate answer combines both grounds.

Therefore, the correct answer is Both (A) and (B).

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Question: 3

Mr. A, a Hindu male, has been married to Ms. B, a Hindu female. Their marriage was not solemnized as per Hindu rites and ceremonies or any other custom, but was performed by seeking blessings of their family members. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'X' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'X', in compliance with all the legal requirements of contracting a valid marriage under religion 'X'. Ms. B filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?

Updated On: Jul 14, 2026
  • Mr. A has committed the offence of bigamy because he married again during the subsistence of the first marriage.
  • Mr. A has not committed the offence of bigamy because his first marriage is not valid.
  • Mr. A has committed the offence of bigamy because he underwent religious conversion in order to contract a bigamous marriage.
  • Mr. A has not committed the offence of bigamy because his second marriage is not valid.
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The Correct Option is B

Approach Solution - 1

The correct option is (B): Mr. A has not committed the offence of bigamy because his first marriage is not valid.
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Approach Solution -2

Unlike the earlier scenario, here Mr. A and Ms. B's "marriage" was not solemnized according to Hindu rites and ceremonies or any recognized custom, it was performed only by seeking the blessings of family members. Mr. A then converted and validly married Ms. C under religion 'X'. Ms. B files a bigamy complaint. Let's test each option:

  1. Option A: This says Mr. A committed bigamy because he married again while the first marriage was subsisting. But the offence of bigamy requires that the first marriage itself be a legally valid marriage, one performed with all the necessary ceremonies required by law or custom. Here, no such ceremonies were performed for the first union, merely seeking family blessings does not, by itself, constitute a legally valid marriage under Hindu law. Since there is no valid first marriage to begin with, there is nothing for a second marriage to be bigamous against.
  2. Option B: This is the correct analysis. Because Mr. A and Ms. B's union lacked the essential ceremonies required by law or custom to constitute a valid Hindu marriage, it does not qualify as a legally valid first marriage. Since bigamy is only committed when a person with a subsisting valid marriage contracts another, the absence of a valid first marriage here means the offence of bigamy is simply not made out, regardless of the second marriage's validity.
  3. Option C: This attributes liability to Mr. A's motive in converting, suggesting he converted specifically to enable a bigamous marriage. But motive for conversion is not the operative legal question, the threshold issue is whether a valid first marriage existed at all, and since it did not, the reason for the conversion does not change the outcome.
  4. Option D: This attributes the lack of liability to the second marriage being invalid. But the second marriage, to Ms. C, was performed in full compliance with all legal requirements under religion 'X' and is therefore valid, it is the first marriage that fails for want of essential ceremonies, not the second, so this option misidentifies which marriage is defective.

Since a valid first marriage is a precondition for the offence of bigamy, and that precondition is missing here, Mr. A has not committed the offence.

Therefore, the correct answer is Mr. A has not committed the offence of bigamy because his first marriage is not valid.

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Question: 4

Mr. A, a male belonging to religion 'P', has been married to Ms. B, a female belonging to religion 'P'. Their marriage was solemnized in compliance with all the legal requirements of contracting a valid marriage under religion 'P'. Monogamy is espoused as a cherished value by the followers of religion 'P' and provided as a pre-condition for a valid marriage for the followers of the religion. After his marriage to Ms. B, Mr. A underwent religious conversion into a religion 'Q' which legally permits males to have two wives. Thereafter, Mr. A got married to Ms. C, a female belonging to religion 'Q', in compliance with all the legal requirements of contracting a valid marriage under religion 'Q'. Ms. B wife filed a criminal complaint against Mr. A for committing the offence of bigamy. In the given situation, which of the following statements is true?

Updated On: Jul 14, 2026
  • Mr. A has committed bigamyaccording to the Hindu law relating to marriage.
  • Mr. A has committed bigamyaccording to the penal law of India.
  • Mr. A has committed bigamyaccording to the law relating to marriage of religion 'P'.
  • Both (B) and (C).
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The Correct Option is D

Approach Solution - 1

The correct option is (D): Both (B) and (C).
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Approach Solution -2

This question tests whether Mr. A's second marriage amounts to bigamy, and if so, under which legal regime or regimes the offence arises. Mr. A married Ms. B under religion 'P', which mandates monogamy as a precondition for a valid marriage. He then converted to religion 'Q', which permits two wives, and married Ms. C. The question is whether his first marriage to Ms. B was still subsisting in the eyes of the law when he married Ms. C, and if so, under which legal system or systems that amounts to bigamy.

  1. Option (A): This option attributes the offence to Hindu law relating to marriage. Nothing in the facts indicates that Mr. A or Ms. B were Hindus, or that their marriage was solemnized under the Hindu Marriage Act. Their marriage was governed by the personal law of religion 'P', not Hindu law, so a finding of bigamy specifically according to Hindu law has no basis on these facts. This option does not hold.
  2. Option (B): The penal law of India treats bigamy as an offence for any person, of any religion, who contracts a second marriage while a spouse from a subsisting, undissolved marriage is still alive. A unilateral change of religion does not by itself dissolve a valid, subsisting marriage; Mr. A's marriage to Ms. B was never legally terminated before he married Ms. C. His conversion to religion 'Q' cannot retrospectively validate a marriage entered into while his first marriage was still legally alive, so the general penal law is attracted, and this option holds true.
  3. Option (C): Religion 'P' itself makes monogamy a precondition for a valid marriage among its followers. Since Ms. B remains a follower of religion 'P' and her marriage to Mr. A was solemnized under that law, and since that marriage was never dissolved, Mr. A's later marriage to Ms. C also breaches the monogamy requirement embedded in religion 'P's own marriage law, independent of the fact that Mr. A personally left that faith afterward. His obligations toward the marriage he contracted under 'P' do not vanish simply because he later adopted a different religion. This option also holds true.
  4. Option (D): Since both the penal law analysis in (B) and the religion 'P' personal law analysis in (C) independently establish bigamy, and (A) fails on the facts, the only option that captures the complete legal position is the one combining (B) and (C).

Options (B) and (C) are each independently correct, while option (A) is not supported by the facts. The combination of both correct findings is what fully answers the question.

Therefore, the correct answer is Both (B) and (C).

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Question: 5

Which of the following statements is incorrect?

Updated On: Jul 14, 2026
  • Marrying again during lifetime of husband or wife is a pre-condition for performing a valid Hindu marriage.
  • Religious conversion is not a defence for the offence of bigamy under the penal law of India.
  • Bigamy is an offence under the penal law of India.
  • Offence of bigamy can be committed according to the provisions of Hindu law relating to marriage.
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The Correct Option is A

Approach Solution - 1

The correct option is (A): Marrying again during lifetime of husband or wife is a pre-condition for performing a valid Hindu marriage.
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Approach Solution -2

This question asks which of four statements about bigamy and Hindu marriage law is incorrect. Each statement needs to be checked against the actual legal position on monogamy as a precondition for a valid Hindu marriage, and on how religious conversion interacts with bigamy liability under the penal law.

  1. Option (A): This statement claims that marrying again during the lifetime of a spouse is a precondition for a valid Hindu marriage. That reverses the actual rule. The real precondition under Hindu marriage law is the opposite: neither party may have a living spouse at the time of the marriage. Monogamy, not the freedom to remarry, is the precondition. This statement misstates the rule and is incorrect.
  2. Option (B): This statement says religious conversion is not a defence to bigamy under the penal law of India. This reflects the settled legal position: a person cannot escape bigamy liability for a marriage validly contracted under one personal law simply by converting to a religion that permits polygamy afterward. This statement is accurate.
  3. Option (C): This statement says bigamy is an offence under the penal law of India. This is a straightforward and accurate statement of Indian criminal law, which criminalizes contracting a second marriage during the subsistence of a valid first marriage.
  4. Option (D): This statement says the offence of bigamy can arise under the provisions of Hindu law relating to marriage. Since Hindu marriage law makes monogamy a condition of a valid marriage, breach of that condition by remarrying during the subsistence of an earlier marriage does give rise to bigamy under that law. This statement is accurate.

Statements (B), (C) and (D) are all legally accurate, while statement (A) inverts the actual precondition for a valid Hindu marriage.

Therefore, the correct answer is Marrying again during lifetime of husband or wife is a pre-condition for performing a valid Hindu marriage.

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