(1) This Act may be cited as the Madhya Pradesh Prevention of Hindu Bigamous Marriages Act, 1955.

(2) It extends to the whole of Madhya Pradesh.

(3) It shall come into force at once.

This Act shall apply

(a) to all persons who are Hindus by religion in any of its forms or developments, including Virashaivas or Lingayats and members of the Brahmo, the Prarthana, or the Arya Samaj;

(b) to any person who is a Buddhist, Jain or Sikh by religion;

(c) to a convert to the Hindu, Buddhist, Jain or Sikh religion; and

(d) to all such other persons who may be held to be governed by the provisions of the Hindu Law.

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

(i) Contracts a bigamous marriage means undergone a marriage with a person having a husband or wife living and the marriage with such husband or wife has not been annulled by the Court of competent jurisdiction or. by divorce effected in the manner recognized by custom and the expression bigamous marriage means the marriage with a person having a husband or wife so living;

(ii) District Court means the principal Court or of original civil jurisdiction in the district and includes Court subordinate to such Court.

Notwithstanding any law, custom or usage to the contrary, a bigamous marriage shall be void if it is solemnized in this State after the coming into force of this Act:

Provided that any children begotten during such marriage at any time before it is annulled shall in all respects be deemed to be and always to have been the legitimate children of their parents.

Notwithstanding any law, custom or usage to the contrary, whoever, not being a minor, contracts a bigamous marriage after the commencement of this Act, shall be deemed to have committed an offence under Section 494 of the Indian Penal Code (XLV of 1860).

Whoever knowingly performs, conducts or abets any bigamous marriage in this State shall be deemed to have abetted the commission of an offence under Section 494 of the Indian Penal Code (XLV of 1860).

(1) When a minor contracts a bigamous marriage, 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 solemnized or negligently fails to prevent it from being solemnized, shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine or with both.

(2) For the purpose of this section, it shall be presumed until the contrary is proved that 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 solemnized.

Either party to a bigamous marriage solemnized after the commencement of this Act or any person whose interest is affected by such marriage may present a petition to the District Court for a decree of nullity on the ground that such marriage is void under Section 4.

Every petition presented under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together within the State.

A proceeding under this Act shall be conducted in camera if either party so desires and if the Court thinks fit to do so.

(1) Every petition presented under this Act shall state, as distinctly as the nature of the case permits, the facts on which the claim to relief is founded and every petition for the annulment of any marriage shall state that there is no collusion between the petitioner, and the other party to the marriage.

The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints and may at the hearing be referred to as evidence.

Subject to the other provisions contained in this Act, all proceedings under this Act between party and party shall be regulated, as far as may be, by the Code of Civil Procedure, 1908 (V of 1908).

Where a marriage is annulled by a decree of nullity, the parties thereto shall be deemed never to have been married, nor to have been related to each other as husband and wife.

The State Government may, by notification and subject to the condition of previous publication, make rules for the purpose of carrying into effect the provisions of this Act.

(1) Nothing contained in this Act shall apply to Hindus marrying under the provisions of the Special Marriage Act, 1954 (XLIII of 1954).

(2) Nothing contained in this Act shall also apply to a bigamous marriage contracted by a member of a tribe specified in the Schedule.

Notwithstanding anything contained in Section 190 of the Code of Criminal Procedure, 1898 (V of 1898) no Court other than that of a Magistrate of the first class shall take cognizance of or try any offence punishable under Section 6 or Section 7 of this Act.

(1) No Court shall take cognizance of any offence punishable under Section 5 or Section 6 or Section 7 except upon a complaint made by the spouse of the person alleged to have contracted a bigamous marriage or if such spouse is minor, then by the person in charge of such minor whether as parent, guardian or in any other capacity, lawful or otherwise.

(2) Mo such complaint shall be entertained unless it is made within six months from the date on which the complainant becomes aware of the commission of the offence.

[See Section 14(2)]

Names of Tribes

1. Received the assent of the President on the 3rd May, 1955; assent first published in the Madhya Pradesh Gazette on the 13th May, 1955.