Judicial Discrimination about Bigamy

Law of Bigamy still maintains that only the person aggrieved can file a case..


What is Bigamy?

  • Having two spouses at the same time.
  • The offense of marrying someone while you have a living spouse from whom no valid divorce has occurred.
  • The state of having two spouses simultaneously; is illegal in our Country.
  • Bigamous – of illegal marriage to a second person while still being legally married to the first.
  • Bigamy is non-cognizable, bailable and compoundable offence.
  • A cognizable offence is an offence in which a magistrate can take cognizance of the offence alleged agaginst the accused. Eg; offence of assault, hurt, et; A non cognizable offence, the magistrate cannot take cognizance and the court of sessions can take cognizance. Eg; offence of murder, rape etc;
  • A Bailable offence is an offence in which the accused person cab be punished for imprisonment for a term of less than 7 yrs. An offence punishable for 7 yrs or more can be termed as non bailable offence. A judicial magiatrate of 1st class may grant bail in a bailable offence. On the other hand, only a sessions judge may grant bail in a non bailable offence.
  • A compoundable offence is an offence in which the trial court can compound the offence and dispose the case without trial. A non compoundable offence is an offence in which the court cannot compound the case without trial. A compoundable offence ia always a lesser degree offence punishable with a shorter jail term or fine.)

So, Crime it is, alright.

  • A family consists of Father, Mother & Children- does anyone differ here? Please comment.

Given the structure of Society today, when all Important & Government papers force us to give our Father’s Name & not Mother’s name (PAN Card, Voter’s ID, Passport), if a Bigamy is committed by a Man, wouldn’t his children also suffer both directly & in- directly? That’s yet another issue..

ONE

  • If Children have right to their Parent’s Property (i.e., Right to Inheritance), why can’t or shouldn’t they be able to press charges against Bigamy too?
  • A Father & Mother, both are a Child’s Natural Right, then why is she/he restricted to just become a victim or worse still get to screw up his thought process & be advised by others to make Peace with it later in his life?
  • The affected woman is already dejected by now, she may or may not have been left with any courage to fight up (finances, social standing & pressure, fear, education, understanding, ignorance, lack of support, physical being of her ownself- the list of exceptions can take up the whole space here) why the Law restricts the children from filing against the Crime?

TWO

  • Often children are young & ignorant, & by the time they begin to understand; their fate may already have been decided by our very own Society & hence, their reluctance or hatred towards Men & Society in general.
  • The realization or the by the time it was revealed, the woman may have passed away; so the Crime that was committed a few years back now is NOT so anymore?
  • Let’s not get into whether the lady was financially strong or otherwise, doesn’t matter.
  • & even then, if an offence is a Crime, shouldn’t anybody & everybody be allowed to file a Complaint?
  • Where is the Goddamn Society now who is always pretty quick to point out on the Deserted wife & not question the Creator- The Husband of that poor woman?

THREE

  • In a country like India, where a Husband is synonymous with God, the Woman just may not have the courage to speak about it much less to stand up or fight back. Her own upbringing, her parents advising against, her fear & shame of making the affair Public- as I said, the exceptions could go on..
  • So, if the Wife or the affected Woman doesn’t complain about it; does it become acceptable under the eyes of LAW?

FOUR

  • Isn’t the very format of Law violative of Principle of Natural Justice?
  • How can a Crime be so Selective & Discriminative?
  • Why doesn’t it happen with any other Crime?
  • WOMEN, are you even listening?
  • Can we stop watching those moronic soaps & try figure out a way to more Secured & Better Future for ourselves & our children?
  • A Government Servant has to declare all his marriages during his Tenure & has to submit a proof of non- remarriage to even claim his Pension. Why the burden then lies only with the women to bang her head around- literally? If the Act itself didn’t leave her shattered enough..
  • Are children & Society outsiders? Shouldn’t everybody be equipped to stand against the Injustice.. or Do we consider it to be so at all??
  • Has Law set up a right example for the Committers of the Crime & Society in general by depriving all of us the right to file for Bigamy?
  • Will the Court let go off if the CORPSE is obtained with a note giving a Declaration that he holds no prejudice against the murderer?

The Law too seems to have become Gandhari- blindfolded i.e.,

Let’s stop behaving like Pigeons & Ostriches who just shut their eyes on seeing a Cat or Hunter as if the process would banish the predator; & end up losing their Lives.

We have now become Modern Day Satis & Sitas; sitting for Agni- Pariksha & Dah- Sanskar everyday.

It’s we, who made Law, times now have changed, & so has values & level of atrocities. Why are we harping upon the same mundane Rulings still?

Ignorance till certain point in time doesn’t necessarily imply that it has to be carried out upon for all times to come.

Domestic Violence Act- Please Redefine

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About Olivia

Corporate worker, textile designer, writer.
This entry was posted in Law, Law- India, My Biopic Log, My mind, My Observation and tagged , , , , , , , , , , , , , , . Bookmark the permalink.

5 Responses to Judicial Discrimination about Bigamy

  1. Pingback: A Step taken towards Breaking Free | Olivia's Life Instances..

  2. Pingback: Child welfare- My A*se | Olivia writes here..

  3. If only I had a nickel for each time I came to readolivia.wordpress.com! Superb writing!

  4. Pingback: Why is Identity declared with Father’s Name? « Olivia writes here..

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