Bigamy 重婚

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Bigamy

Any married person regardless of male or female, if his/her marriage is still valid and his / her spouse is still alive and if he/she has married with another person within or outside Malaysia , he/she has committed bigamy.

According to Section 494 of the Penal Code: If found guilty, a bigamist shall be sentenced to imprisonment up to 7 years and fine.

The second marriage is invalid. If the bigamist is a male, the second woman he had married is not his lawful wife. In view of this, if the said man dies without a will, the second woman has no right to inherit his properties. But it is provided under the law that the second wife can ask for maintenance for her children from the said man.

Bigamy is an irresponsible act. It is also a serious crime. Therefore, it is not accepted and recognized by law.

If a married person, particularly a married man conceals the truth and marries another woman thus misleading the woman to believe that she is a lawful wife, marry him, cohabit with him and have sex with him, it is cheating. If found guilty, he could be sentenced to imprisonment up to 10 years and fine under Section 493 and 495 of the Penal Code. If the second wife gives birth to children, her children will be illegitimate children. They will have no legal status and the real father has no legal right over the children. Custody will be given to the mother.

Hence, any married persons who wish to marry again must make sure that their present marriage is invalid or their spouses had already away to avoid committing bigamy.

重婚

任何已婚者,不论男方或女方,若在婚约仍然有效及配偶仍然在世之时,在国内或国外与别人立婚约,就是犯了重婚罪。

根据刑事法典第494条:犯重婚罪者一旦罪名成立,可被判坐牢高达7年及罚款。

犯重婚者的第二个婚约,在法律上是无效的。如果重婚者是男子,与他结婚的第二个女子不是他的合法妻子。基于这个原因,如果有关男子死后未留下任何遗嘱,第二个女子就无权继承他的遗产。不过,法律却有规定第二个女子可为子女向有关男子要求赡养费。

重婚是一个不负责任的行为,也是严重罪行,所以不被法律所接受和承认。

已婚者,尤其是男子,若果隐瞒实情,而与另一个女子结婚,这会令第二个女子误以为她是合法的妻子而嫁给他,并与他同居及发生性关系。这是一项欺骗。若罪名成立,可在刑事法典第493条及495条文下,被判坐牢高达10年,以及另加罚款。再者,若第二个女子生下孩子,孩子属于私生子,没有法律上的名份。孩子的亲生父亲对于孩子没有任何法律上的权利,即孩子的抚养权和看管权归母亲。

因此,任何已婚者若欲再婚,须先确定现有婚约无效,或配偶已经逝世,

以免犯上重婚罪。