bigamy

All civil, customary and religious marriages under Section 12 of the Act, as long as either between a man and a woman, or cohabitation of a man and a woman as if they were married for a significant period of time, all qualify for the legal status of marriage. However, under Section 14, to qualify as having the capacity to be married under the law, the man and the woman must be older than 18 years of age, be of sound mind and not be within prohibited degrees of family relations.

Both parties were committed to each other in a monogamous marriage. This commitment entails for the wife and husband multiple obligations. Among them, the obligation of cohabitation; the wife must live with her husband and her husband must welcome her. In this case, the husband granted his wife authorization to visit her parents. While she was away, he introduced another woman into his home. Following his wife refusal to come back, he demanded a divorce.

Under Section 16.1 of the Penal Law, bigamy, and polygamy are illegal unless a legal defense is provided. Such defenses include a defendant’s belief that his or her former spouse is dead. Under Section 16.3, abortion beyond the 24th week of pregnancy is illegal. An abortion is legal if it occurs only after a licensed physician determines there is a substantial risk that continuing the pregnancy would gravely impair the mother’s physical and/or mental health.