How much punishment on a relationship with another without divorce, questions arose from Tej Pratap’s post, what does Indian law say?

How much punishment on a relationship with another without divorce, questions arose from Tej Pratap’s post, what does Indian law say? Tezzbuzz | 28/05/2025 11:24:27

Tej pratap yadav: A Facebook post by Tej Pratap Yadav, elder son of Rashtriya Janata Dal (RJD) supremo Lalu Prasad Yadav created a stir in the politics of Bihar. On 24 May 2025, Tej Pratap revealed the 12 -year -old relationship with Anushka Yadav while the divorce case with his wife Aishwarya Rai is still pending in Patna Court. After this post, Tej Pratap claimed that his account was hacked but the question arose whether it is a legal offense to stay or marry with another without divorce?

Second marriage or relationship without divorce

Laws to marriage and divorce in India are based on religion and personal laws. There are the following provisions under the Hindu Marriage Act, 1955 (Hindu Marriage Act, 1955) and Section 494 (now Indian Code of India Code, Section 82) of the Indian Penal Code (IPC )-

Second marriage: According to Section 17 of the Hindu Marriage Act 1955 and IPC Section 494 (BNSS Section 82), if a person marries a second marriage without living and divorcing his husband or wife, then it is considered to be Bigamy.

Punishment: It may have a jail of up to 7 years and/or fine. This law applies to people of Hindu, Sikh, Jain and Buddhism. The same rules are applicable under Special Marriage Act.

Important Note: The second marriage will be considered illegal only when it is legally completed. If Tej Pratap does not marry Anushka Yadav but is only in a relationship, then it will not come under the purview of biology.

Live-in relationship

The live-in relationship in India has been legal recognition with certain conditions but if a person is married and stays in live-in with any other without divorce, it can be legally complicated. The Allahabad High Court said in a case in 2024 that the live-in relationship cannot be given legal protection if the spouses are alive under the Hindu Marriage Act and not divorced. This can be considered illegal and immoral. However, the live-in relationship in itself is not an offense under IPC Section 494 or BNSS Section 82 unless it takes the form of a second marriage. But it can become the basis of cruelty under which first wife or husband can demand divorce or other legal action (eg IPC section 498A). The Supreme Court has also admitted that a second marriage or live-in relationship can be the basis of cruelty for the first wife/husband. Earlier, adultery under Section 497 of the IPC (a physical relationship with any other without the consent of the spouse) was considered a crime that could be sentenced to 5 years. But in 2018, the Supreme Court made it non-crown. Now adultery is not a criminal case but it can be the basis of divorce. A petition for divorce can be filed on the basis of adultery under Section 13 (1) of the Hindu Marriage Act.

What can be the case of Tej Pratap Yadav?

Divorce status: Tej Pratap and Aishwarya Rai’s divorce case is pending in Patna Family Court since 2019. Tej Pratap is legally Aishwarya’s husband until the divorce decree is fully implemented.

Relationship with Anushka Yadav: Tej Pratap in his post claimed a 12 -year relationship with Anushka Yadav but later described it as a result of hacking. If it is proved that Tej Pratap is married to Anushka, then it will be a crime of bipoly under the Hindu Marriage Act and BNSS Section 82. In which there can be a sentence of up to 7 years. If this is only a live-in relationship then it is not a criminal offense in itself but Aishwarya can use it as a basis for cruelty for divorce.

Aishwarya’s side: Aishwarya has accused Tej Pratap and Lalu family of domestic violence and mental harassment. Patna High Court placed a protection order to Aishwarya in 2023. In which it was said that Tej Pratap cannot cause them physical or mental harm. If the relationship with Anushka is proved as cruelty, it can strengthen Aishwarya’s divorce case.

Legal Complaint: Only the first wife (Aishwarya) or her family can file a complaint of bipo Wahwah. No third person (eg BJP leader Nikhil Anand) can complain about it.

Can Tej Pratap be punished?

Proof of second marriage: If it is proved that Tej Pratap is married to Anushka Yadav without divorcing Aishwarya, then he can be guilty under IPC Section 494/BNSS Section 82, which can have a jail and fine of up to 7 years.

Live-in relationship: If this is only a relationship and is not married then it will not become a criminal case. However, Aishwarya can present it as the basis of cruelty for divorce.

Hacking claim: Tej Pratap claimed that his post was the result of hacking. If it is proved that the post was actually hacked, then the possibility of legal action may be reduced. However, viral screenshots and photographs have raised questions, which may have to be answered in the court.