Section 43 of SMA : Section 43: Penalty On Married Person Marrying Again Under This Act

Explanation using Example

Imagine a man named Rohit, who is currently married to Anita under Hindu marriage laws. Without obtaining a divorce from Anita, Rohit decides to marry another woman, Priya, under the Special Marriage Act, 1954. Under Section 43 of the Special Marriage Act, since Rohit is already married, his act of marrying Priya is considered an offence equivalent to bigamy as per section 494 or section 495 of the Indian Penal Code, depending on the circumstances. Consequently, the marriage between Rohit and Priya would be legally void.