Calcutta High Court: Stamp Paper Marriage Has No Legal Validity; Bigamy Case Quashed

A single-judge Bench of the Calcutta High Court held that a marriage executed only through an agreement on stamp paper has no legal recognition under the Hindu Marriage Act, 1955.

The complainant claimed that she married the petitioner through a written agreement on stamp paper. Later, the petitioner entered into a registered marriage with another woman. The complainant then filed a criminal case alleging bigamy under Section 494 IPC and cruelty under Section 498A IPC.

However, the Court clarified that Hindu law requires solemnisation of marriage through recognised rites and ceremonies. A mere written agreement cannot create a valid marriage. Therefore, criminal liability for bigamy cannot arise from such an arrangement. As a result, the Court held that continuation of the criminal case would amount to an abuse of the process of law.

“A marriage by signature on an agreement paper is a mode of union unrecognised under this Act. It is a procedure unknown to Hindu Law; consequently, a ‘contractual marriage’ is a legal nullity.” (Para 13)

“Unless the marriage is ‘solemnized’ in the legal sense, it cannot be said to be a marriage for the purposes of the penal section.” (Para 14)

“There is a vital distinction between a marriage that is technically void… and a union that is legally non-existent from the start.” (Para 17)

“The shift from a ‘stamp paper marriage’ in the FIR to a ‘temple marriage’ in subsequent witness statements is a transparent attempt to cure a fatal legal infirmity.” (Para 18)

Decision of the Court

Therefore, the Calcutta High Court held that the alleged stamp-paper marriage had no legal validity under Hindu law. Consequently, the ingredients of Section 494 IPC and Section 498A IPC were not satisfied.

The Court thus exercised its inherent powers under Section 482 CrPC (Section 528 BNSS) and quashed the criminal proceedings against the petitioner. However, the Court clarified that the complainant may pursue other remedies available in law, if applicable.

Citation :

Other Sources :

Index of Bigamy Judgments under Sections 494 and 495 of IPC is here.

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

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