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True Colors of a Vile Wife

IPC 494 and 495 Judgments

Posted on April 13, 2022 by ShadesOfKnife

A short collection of Bigamy Judgments u/s 494 IPC/495 IPC.

  1. Priya Bala Ghosh Vs Suresh Chandra Ghosh on 4 Mar 1971 [SC: Acceptable proof necessary that the (alleged second) marriage of the accused was celebrated or performed with proper ceremonies as prescribed u/s 7 of HMA, such as Saptapadi and Homam]
  2. Santi Deb Berma Vs Kanchan Prava Devi on 10 Oct 1990 [SC: Acceptable proof necessary that the (alleged second) marriage of the accused was celebrated or performed with proper ceremonies as prescribed u/s 7 of HMA, such as Saptapadi and Homam]
  3. Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999 [SC: The standard of proof of marriage in such proceeding is not as strict as is required in a trial of offence under section 494 of the I.P.C.]
  4. S Nagalingam Vs Sivagami on 31 August 2001 [SC: Unless a valid marriage is proved, a second marriage stands invalid and no offence under section 494 IPC attracts]
  5. K Neelaveni Vs State Rep By Inspector of Police and Ors on 22 Mar 2010 [SC: Clear ingredients of IPC 406 and 494; HC should NOT have quashed the FIR]
  6. A.Subash Babu Vs State of A.P. and Anr on 21 July, 2011 [SC: Due to State amendment, IPC 494 and IPC 495 are Cognizable and Non-bailable Offences in AP (and Telangana)]
  7. Kannan Vs Selvamuthukani on 30 Jan 2012 [SC: It has to be clearly established that the family members of Accused-husband knew that his divorce with his first wife was set aside before participating in the second marriage]
  8. Ushaben Vs Kishorbhai Chunilal Talpada & Ors on 23 March, 2012 [SC: If a complaint contains allegations about commission of offence under Section 498A of the IPC which is a cognizable offence, apart from allegations about the commission of a non-cognizable offence under Section 494 of the IPC, the court can take cognizance thereof even on a police report.]
  9. Miriyala Divya and 5 Others Vs Govt of AP on 19 September, 2014 [APHC: Magistrate can take cognizance of Sec 494 IPC complaint despite it having a rider u/s 198 CrPC. Explained]
  10. Saraswathi Vs Thirupathi and Anr on 24 Sep 2014 [MHC: Due to State amendment, as per Section 7A of HMA, tying thali, exchanging garlands are sufficient enough proof to attract IPC 494 and IPC 495 in Tamil Nadu and Pondicherry]
  11. Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020 [AHC: No protection for Bigamers]
  12. Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021 [PHHC: No protection for Bigamers]

 

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Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

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Posted in Assorted Court Judgments or Orders or Notifications | Tagged IPC 494 - Marrying again during life-time of husband or wife IPC 495 - Same offence with concealment of former marriage from person with whom subsequent marriage is contracted | Leave a comment

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