Code: Section 43, Special Marriage Act, 1954
“Save as otherwise provided in Chapter III, every person who, being at the time married, procures a marriage of himself or herself to be solemnized under this Act shall be deemed to have committed an offence under section 494 or section 495 of the Indian Penal Code (45 of 1860), as the case may be, and the marriage so solemnized shall be void.”
Explanation of Section 43 – Special Marriage Act
Section 43 of the Special Marriage Act, 1954 is a penal provision intended to prohibit bigamy under the guise of re-marriage using this Act. It states that if a person, already legally married, attempts to solemnize another marriage under the Special Marriage Act without dissolving the first, it would not only be void but would also constitute a criminal offence under Sections 494 or 495 of the Indian Penal Code, 1860.
This ensures that individuals do not misuse the provisions of this Act to bypass personal or religious laws that govern marriage and monogamy. It upholds the sanctity of lawful marriages and ensures accountability for those attempting to contract bigamous unions.
Key Provisions
- The provision applies to individuals who are already married and attempt to marry again under the SMA.
- Such a second marriage shall be considered void.
- The individual will be prosecuted under:
Illustration
Example 1: Man Already Married Marries Again Under SMA
Ravi, who is already married under Hindu personal law and has not divorced his wife, registers another marriage under the Special Marriage Act with another woman. This second marriage is considered void, and Ravi can be charged under Section 494 or 495 IPC depending on whether he concealed his first marriage.
Example 2: Woman Attempts Bigamous Marriage
Priya, while still legally married, attempts to marry another man under the SMA. Since Chapter III does not permit such a marriage unless the earlier one is legally dissolved, her second marriage will be void and punishable under IPC.
Common Questions & Answers on Section 43 SMA
1. Is it legal to marry again under SMA while already married?
No. Such a marriage is considered void and a punishable offence under Section 494 or 495 IPC.
2. What if the person hides their first marriage while marrying under SMA?
This is a more serious offence under Section 495 IPC, which involves concealment of a prior marriage.
3. Can the second spouse claim legal rights in such a void marriage?
No, since the second marriage is void ab initio (from the beginning), it has no legal validity.
4. Is there any exception under Section 43?
Yes. If Chapter III (Conditions Relating to Solemnization of Special Marriages) explicitly allows it in rare cases, this provision will not apply. But generally, it strictly prohibits bigamy.
Conclusion
Section 43 of the Special Marriage Act serves a critical role in preventing abuse of the marriage registration system. It ensures that individuals respect the sanctity of existing lawful marriages and deters bigamy by rendering the second marriage void and criminalizing such conduct.
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