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True Colors of a Vile Wife

Tag: IPC 494 – Marrying again during life-time of husband or wife

Kannan Vs Selvamuthukani on 30 Jan 2012

Posted on April 13 by ShadesOfKnife

A division bench of Apex Court held that, 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.

9. The prosecution has clearly established that A1 was married to the complainant on 16.6.1980. It is also a fact that A1 obtained a decree of divorce on 20.2.1991 which was set aside on 10.2.1992 in the appeal carried by the complainant against the said decree of divorce. Evidence of the complainant establishes beyond doubt that A1 married A4 on 8.3.1992. The question is whether the fact that the decree of divorce was set aside and the marriage between A1 and the complainant was revived was known to A3, A4 and A5. Merely because A3 is the sister of A1, it cannot be presumed that she knew that the decree of divorce was set aside. If A1 wanted to marry A4, it is possible that he would keep back these facts from his sister as also from A4 and A5 i.e. his second wife and her father respectively.

10. In our opinion, the evidence of PW-1, PW-2 and PW-3 does not conclusively establish that the fact that the decree of divorce was set aside on 10.2.1992 was known to A3, A4 and A5 and, therefore, benefit of doubt must be given to A3, A4 and A5. In the circumstances, in our opinion, the impugned judgment and order dated 24.9.2008 so far as it convicts and sentences A3, A4 and A5 needs to be set aside.

Kannan Vs Selvamuthukani on 30 Jan 2012

Citations : [2012 SCC CRI 3 234], [2012 SUPREME 1 714], [2012 AIR SC 1278], [2012 ANJ SC 1 204], [2012 CRIMES SC 1 225], [2012 RCR CRIMINAL SC 4 331], [2012 JT 1 554], [2012 DMC SC 1 327], [2012 AIOL 2007], [2012 AIR SC 1217], [2012 SLT 1 626], [2012 RCR CIVIL SC 4 356], [2012 SCC 5 570], [2012 BOMCR CRI SC 2 428], [2012 SCC ONLINE SC 92], [2012 AIC 111 270], [2012 UC 1 506], [2012 NCC 1 686], [2012 ALD CRI 2 155], [2012 CALLT SC 3 21], [2012 SCALE 2 9], [2012 AIR SCW 1278], [2012 CRI LJ 1576]

Other Sources :

https://indiankanoon.org/doc/180112594/

https://www.casemine.com/judgement/in/5609af1de4b0149711415a65

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=002102170000&Title=KANNAN-Vs.-SELVAMUTHUKANI

https://www.legalauthority.in/judgement/kannan-vs-selvamuthukani-7495

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision IPC 494 - Marrying again during life-time of husband or wife Kannan Vs Selvamuthukani Non-Reportable Judgement or Order Reportable Judgement or Order | Leave a comment

K Neelaveni Vs State Rep By Inspector of Police and Ors on 22 Mar 2010

Posted on April 13 by ShadesOfKnife

A division bench of Apex Court held that there are, prima facie, specific allegations in the FIR to attract IPC 406 and 494.

From Paras 8 and 9,

8. We have given our thoughtful consideration to the submissions advanced and we are inclined to accept the submission of Mr. Guru Krishna Kumar, learned counsel for the appellant. From a perusal of the allegations made in the First Information Report, it is evident that the appellant has clearly alleged that her husband had married another lady namely Bharathi and the said marriage had taken place in the presence and with the support of other accused persons. She had also stated that from the second marriage with Bharathi a girl child was born. In the First Information Report, it had clearly been alleged that besides gold ornaments other household articles were given in marriage and further she was subjected to cruelty and driven out from the matrimonial home by the accused persons. In our opinion, the allegations made in the First Information Report, at this stage, have to be accepted as true, and allegations so made prima facie, constitute offences under Sections 406 and 494 of the Indian Penal Code. It has to be borne in mind that while considering the application for quashing of the charge sheet, the allegations made in the First Information Report and the materials collected during the course of the investigation are required to be considered. Truthfulness or otherwise of the allegation is not fit to be gone into at this stage as it is always a matter of trial. Essential ceremonies of the Marriage were gone into or not is a matter of trial.

9. From what we have said above, we are of the opinion that the High Court erred in holding that the charge sheet does not reveal the ingredients constituting the offences under Sections 494 and 406 of the Indian Penal Code.

K Neelaveni Vs State Rep By Inspector of Police and Ors on 22 Mar 2010

Citations : [2010 SCJ 3 654], [2010 AIR SC 3191], [2010 SCC 11 607], [2011 KLJ NOC 2 10], [2010 SCALE 3 261], [2010 DMC 1 560], [2010 SLT 2 604], [2010 CUTLT SUPPL 947], [2010 AIOL 153], [2010 CRIMES SC 2 90], [2010 RCR CRIMINAL SC 2 547], [2011 SCC CRI 1 219], [2010 SUPREME 2 543], [2010 ECRN 2 541], [2010 AIR SC 2760], [2010 AIC 88 58], [2010 MLJ CRL 3 352], [2010 CRLJ SC 2819], [2010 JT SC 3 156], [2010 AIR SCW 2760]

Other Sources :

https://indiankanoon.org/doc/1440610/

https://www.casemine.com/judgement/in/5609aeece4b01497114152ae

https://www.legalauthority.in/judgement/k-neelaveni-vs-state-rep-by-insp-of-police-9855

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=000102622000

https://advocatespedia.com/Case_Study:_K_Neelaveni_Vs_State_Rep_By_Inspector_of_Police_%26_Ors_Case

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 239 - When accused shall be discharged CrPC 482 - Saving of inherent powers of High Court IPC 494 - Marrying again during life-time of husband or wife K Neelaveni Vs State Rep By Inspector of Police and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

IPC 494 and 495 Judgments

Posted on April 13 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. 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]
  10. Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020 [AHC: No protection for Bigamers]
  11. Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021 [PHHC: No protection for Bigamers]

 

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

Santi Deb Berma Vs Kanchan Prava Devi on 10 Oct 1990

Posted on April 13 by ShadesOfKnife

Supreme Court held as follows…

From Paras 6 and 7,

6. Mr. Dutta, the learned counsel appearing on behalf of the appellant herein assailed the impugned judgment contending that in the absence of acceptable proof that the marriage of the appellant with Namita Ghosh was celebrated or performed with proper ceremonies and in due form, it cannot be said that the marriage had been solemnised within the ambit of the provisions of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’) and that the finding of the High Court based on the three letters and the oral evidence to the effect that the appellant and Namita Ghosh were living together as husband and wife cannot in any way serve as proof of a valid marriage as per the Act, especially when there is no plea that the marriage was solemnised in accordance with the customary rites and usage which do not include Saptapadi. In other words, it is not the case of the respondent that the marriage was celebrated in accordance with the customs, dispensing with the ceremony of Saptapadi and usage applicable to the parties. In fact, the courts have proceeded on the footing that according to the parties the ceremony of Saptapadi is one of the essential requirements for constituting a valid marriage.
7. The High Court in the instant case has drawn an inference that all the ceremonies essential for a valid marriage had been performed on the strength of the three letters and the oral evidence as aforementioned. We, after going through the judgment of the High Court very carefully are of the opinion that the High Court is not at all justified in drawing such an inference in the absence of any reliable and acceptable evidence, in regard to the performance of Saptapadi. The result will be that the alleged marriage between the appellant and Namita Ghosh, celebrated in defiance of the law applicable to the parties is held to be a marriage not valid in law. Hence the judgment of the High Court is not sustainable and consequently we allow the appeal by setting aside the conviction and sentence awarded by the High Court and acquit the appellant.

Santi Deb Berma Vs Kanchan Prava Devi on 10 Oct 1990 (CM Ver)

Citations :[1991 AIR SC 8161991 CRI LJ 6601991 SUPP SCC 2 6161992 SCC CRI 651992 JT 1 5401991 CRLJ 0 6601992 MWN CRI 1 841991 CRILJ 6601991 SCC 6161992 MADWN CRI 1 841991 CRLJ SC 660]

Other Sources :

https://indiankanoon.org/doc/937017/

https://www.casemine.com/judgement/in/5609ac4ce4b014971140e8d7

https://www.the-laws.com/Encyclopedia/Browse/Case?CaseId=000991475000&CaseId=000991475000

Santi Deb Berma Vs. Smt. Kanchan Prava Devi

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision IPC 494 - Marrying again during life-time of husband or wife IPC 494 - Not Made Out Reportable Judgement or Order Santi Deb Berma Vs Kanchan Prava Devi | Leave a comment

Priya Bala Ghosh Vs Suresh Chandra Ghosh on 4 Mar 1971

Posted on April 12 by ShadesOfKnife

A Division Bench of Apex Court held that, the second marriage has to be proved by establishing the ceremonies constituting the same have been gone through for an offence of Bigamy to be made out.

As pointed out earlier, this Court in Kanwal Ram’s case has laid down that an admission is not evidence of the fact that the second marriage has taken place after the ceremonies constituting the same have been gone through.

Towards the end of Judgment:

Further as pointed out by this Court in Kawal Ram’s case, the admission in Ex. 2 cannot in law be treated as evidence of the second marriage having taken place in an adultery or bigamy case: and that in such cases it must be proved by the prosecution that the second marriage as a fact has taken place after the performance of the essential ceremonies. Mr. Majumdar relied on the decision of this Court in Bharat Singh and another vs. Bhagirathi(1) to the effect that the admissions made by a party are substantive evidence by themselves in view of ss. 17 and 21 of the Indian Evidence Act, and that if those admissions have been duly proved they can be relied on irrespective of the fact whether the party making them appear in the witness box or not or irrespective of the fact whether such a party had or had not been confronted with those admissions. We do not think that the said decision in any way supports the appellant with regard to prosecution for bigamy under s. 494 I.P.C. To conclude, we have already referred to the fact that both the learned Sessions Judge and the High Court have categorically found that the Homo and Saptapadi are the essential rites-for a marriage according to the law governing the parties and that there is no evidence that these two essential ceremonies have been performed when the respondent is stated to have married Sandhya Rani. No reliance can be placed on the admissions stated to be contained in Ex. 2.

Priya Bala Ghosh Vs Suresh Chandra Ghosh on 4 Mar 1971

Citations : [1972 CRI LJ 275], [1971 SCC 1 864], [1971 SCC CRI 362], [1971 SCR 3 961], [1971 AIR SC 1153], [1971 CRLJ SC 939]

Other Sources :

https://indiankanoon.org/doc/80924/

https://www.casemine.com/judgement/in/5609ab75e4b014971140c8aa

https://www.the-laws.com/Encyclopedia/browse/Case?CaseId=001791071000&Title=PRIYA-BALA-GHOSH-Vs.-SURESH-CHANDRA-GHOSH

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Priya Bala Ghosh Vs Suresh Chandra Ghosh Reportable Judgement or Order | Leave a comment

Saraswathi Vs Thirupathi and Anr on 24 Sep 2014

Posted on April 10 by ShadesOfKnife

Madras High Court bench at Madurai spelt out this judgment, only applicable to marriage performed in Tamil Nadu and Pondicherry, regards to Bigamy in Hindus.

From Para 22,

22.A reading of the said Section will make it clear that for the validity of a marriage between two Hindus, no specific form is necessary. Either by acknowledging in the language known to eachparties that each of them takes the other as husband or wife, as the case may be, in the presence of elders and relatives or friends orother persons, or by symbolic representation of such declaration by exchanging rings, exchanging garlands or tying thali will be sufficientobservance of the formality to make a Hindu Marriage among the two Hindus in Tamil Nadu to be valid. The very fact that the sectionemployees the conjunction ‘or’ and not ‘and’ while describing formalities to be observed is very significant. It is brought to the notice of the Court by the Bar that at the time of drafting of the Bill, the conjunction ‘and’ was used and when it was placed before the reformer in Dravidar Movement namely, E.Vera.Ramasamy Periyar, for his opinion, he alone suggested the correction of the conjunction ‘and’ into ‘or’ to make it clear that the symbolic representation ‘in any one of the forms’ shall be sufficient. The section also provides for validation of marriages performed prior to the introduction of Section 7-A of the Hindu Marriage Act, 1955 and several such marriages were saved from being held void for non observance of any of the customary rituals provided the conditions found in Section 7-A were present. After the amendment in Tamil Nadu, for convicting a person professing Hindu religion for bigamy, it shall be enough to show that the underwent a form of marriage which complies with the above condition namely, acknowledgment by words or symbolic representation of acknowledgement by exchanging garlands or exchanging of rings or tying of thali provided the marriage is with a woman professing Hindu religion. What the appellant/complainant has to prove is that but for the subsistence of the first marriage, the second marriage would have been valid.

From Para 26, Crucial Piece of Law:

26. A perusal of the said provision will make it clear that thesaid Section can be pressed into service against the first respondent alone, who contracted the second marriage during the subsistence of his marriage with the appellant/complainant. It is not the case of the appellant/complainant that the second respondent was having a husband and she married the first respondent as her second husband during the subsistence of her marriage with her first husband, in which event alone she can be roped in as an accused under Section 494 IPC. But, if it is established that she married the first respondent with the knowledge that the first respondent was already married and his first wife namely, the appellant/complainant was living and that their marriage was subsisting, she shall not be liable for the substantive offence punishable under Section 494 IPC, but shall be liable to be punished under Section 494 IPC read with Section 109 IPC for having abetted the commission of the said offence. Of course, as per Section 109 IPC when no express provision is made in the Code for the punishment of abetment of a particular offence, if the act abetted is committed in consequence of the abetment, then such abettor shall be punishable with the punishment provided for the offence. Here is a case in which the marriage has taken place and hence, if the second respondent is proved to have got the knowledge of the first marriage of the first respondent with the appellant/ complainant, then she shall be liable to be punished with the punishment prescribed under Section 494 IPC. However, when a person is to be punished for abetment of an offence, separate charge stating that she is prosecuted for abetting such an offence and that the act abetted has been committed should have been framed. The charge against the second respondent ought to have been framed as one for an offence punishable under Section 494 IPC read with Section 109 IPC. The learned trial Judge committed an error in not framing such a specific charge against the second respondent and convicting the second respondent under the substantive provision alone namely under Section 494 IPC. Even forargument sake if it is assumed that the absence of framing of such a specific charge is only an irregularity not vitiating the proceedings,unless she is proved to have agreed for the marriage with the knowledge of the subsistence of the marriage between the appellant/complainant and the first respondent, she cannot beconvicted for the offence punishable under Section 494 IPC read with Section 109 IPC. In this regard, there is absence of clear evidence,imputing direct knowledge to the second respondent regarding the subsistence of first marriage of the first respondent with theappellant/complainant.

From Para 28, Sentencing:

28. Regarding the sentence, the submissions made on both sides are also taken into consideration. The maximum punishment prescribed under the said penal provision, namely 494 IPC is imprisonment of either description for 7 years and also fine. The trial Judge seems to have imposed a sentence of rigorous imprisonment for three years and a fine of Rs.100/- with a default sentence of rigorous imprisonment for one week. So far as the fine amount is concerned, the trial Court seems to have shown leniency. Substantive sentence awarded by the trial Court, as contended by the learned counsel for the first respondent, is some what harsh and the same needs reduction. This Court is of the view that reducing the substantive sentence to two years rigorous imprisonment and increasing fine to Rs.1000/- from Rs.100/- with a default sentence of one month simple imprisonment shall meet the ends of justice.

Saraswathi Vs Thirupathi and Anr on 24 Sep 2014

Citations :

Other Sources :

https://indiankanoon.org/doc/83802447/

https://www.lawyerservices.in/Saraswathi-Versus-Thirupathi-and-Another-2014-09-24

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 313 - Power to examine the accused CrPC 378 - Appeal In Case Of Acquittal Hindu Marriage (Madras Amendment) Act 1967 - Section 7-A IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Saraswathi Vs Thirupathi and Anr | Leave a comment

Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021

Posted on April 4 by ShadesOfKnife

A short judgment from a single judge says as follows (Picking exact same works from here):

Prayer in this petition, filed under Article 226 of the Constitution of India, is for issuance of directions to respondents No.1 to 3 to protect the life and liberty of the petitioners at the hands of private respondents as the petitioners are in live-in-relationship against the wishes of the private respondents.
Perusal of file shows that petitioner No.1 Harpreet Kaur aged about 23 years is legally wedded wife of respondent No.4 Gurjant Singh, and without seeking divorce from her spouse she is living a lustful and adulterous life with petitioner No.2. Once petitioner No.1 is a married woman being wife of respondent No.4-Gurjant Singh, the act of petitioners particularly petitioner No.2 may constitute an offence under Sections 494/495 IPC. Such a relationship does not fall within the phrase “live-in-relationship” or “relationship” in the nature of marriage.
Petitioners have no legal right for protection on the facts of the present case inasmuch as the protection as being asked may amount to protection against commission of offence under Section 494/495 IPC. This petition has been filed just to obtain a seal of this Court on their so called live-in-relationship. On the face of it, the representation (Annexure P-3) appears to be a fake document as no receipt or diary number of the office of Senior Superintendent of Police, Barnala is given or attached.
In view of the above, the present petition is dismissed.

Harpreet Kaur and Anr Vs State of Punjab and Ors on 01 Nov 2021
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Harpreet Kaur and Anr Vs State of Punjab and Ors HM Act 11 - Void marriages HM Act 17 - Punishment of Bigamy HM Act 5 - Conditions for a Hindu Marriage 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 Misinterpretation of Earlier Judgment or Settle Principle of Law Non-Reportable Judgement or Order | Leave a comment

Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020

Posted on April 4 by ShadesOfKnife

A division bench at Allahabad High Court held as follows:

From Para 16,

16. According to own case of the petitioners, the petitioner no.1 is still a legally wedded wife of one Mahesh Chandra. As per own alleged application dated 17.09.2020 (as reproduced in para 6 above), the petitioners are living as husband and wife and they have sought protection from interference in their living together as husband and wife. Once the petitioner No.1 is a married woman being wife of one Mahesh Chandra, the act of petitioners particularly the petitioner No.2, may constitute an offence under Sections 494/495 I.P.C. Such a relationship does not fall within the phrase “live-in-relationship” or “relationship in the nature of marriage”. The writ petition has been filed by the petitioners for protection from interference by others in their living as husband and wife. If the protection as prayed is granted, it may amount to grant protection against commission of offences under Sections 494/495 I.P.C.

From Para 18,

18. It is settled law that writ of mandamus can be issued if the petitioner has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition. Similar view has also been taken by Hon’ble Supreme Court in Kalyan Singh vs. State of U.P. 13. Applying the principles of issuance of writ of mandamus on the facts of the present case, we find that the petitioners have no legal right for protection on the facts of the present case inasmuch as such the protection as being asked, may amount to protection against commission of offence under Section 494/495 I.P.C. It is well settled law that writ of mandamus can not be issued contrary to law or to defeat a statutory provision including penal provision. The petitioners do not have legally protected and judicially enforceable subsisting right to ask for mandamus.

Asha Devi and Anr Vs State of UP and 2 Ors on 1 Dec 2020
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Asha Devi and Anr Vs State of UP and 2 Ors HM Act 11 - Void marriages HM Act 17 - Punishment of Bigamy HM Act 5 - Conditions for a Hindu Marriage 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 Judiciary Antics Misinterpretation of Earlier Judgment or Settle Principle of Law Non Application or Exercise of Judicial Mind Reportable Judgement or Order | Leave a comment

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Posted on May 13, 2021 by ShadesOfKnife

A Division bench of the Supreme Court held as follows,

“6………………In our view, validity of the marriage for the purpose of summary proceeding under Section 125 Cr.P.C. is to be determined on the basis of the evidence brought on record by the parties. 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. If the claimant in proceedings under Section 125 of the Code succeeds in showing that she and the respondent have lived together as husband and wife, the Court can presume that they are legally wedded spouses, and in such a situation, the party who denies the marital status can rebut the presumption………………”

Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr on 14 Oct 1999

Citations : [1999 ACR SC 3 2547], [1999 AIR SC 3348], [1999 ALD CRI 2 955], [1999 ALR 37 733], [2000 ALT CRI 1 29], [1999 CALLT SC 3 61], [2000 CLT SC 89 167], [1999 GLH 2 1037], [1999 JT SC 8 329], [2000 LW CRL 1 218], [2000 PLJR 1 61], [2000 RLW SC 1 23], [1999 SCALE 6 579], [1999 SCC 7 675], [1999 SUPP SCR 3 684], [1999 SCC CRI 1345], [1999 SUPREME 8 602], [2000 CRLJ 0 1], [1999 RCR CRIMINAL 4 577], [2000 CRI LJ 0 1], [2000 OCR SC 18 348], [1999 AIR SC 3844], [2000 BOMCR CRI SC 731], [1999 CRIMES SC 3 206], [2000 LW CRL 1 217], [2000 CRLJ SC 1], [1999 AIR SCW 3844]

Other Sources :

https://indiankanoon.org/doc/305700/

https://www.casemine.com/judgement/in/5609ad5ee4b0149711411339

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 125 - Order for Maintenance of Wives Children and Parents CrPC 125 - Women In Live-In Relationships Entitled To Maintenance Dwarika Prasad Satpathy Vs Bidyut Prava Dixit and Anr IPC 494 - Marrying again during life-time of husband or wife Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

IPC 494 – Marrying again during lifetime of husband or wife

Posted on February 21, 2020 by ShadesOfKnife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 494 - Marrying again during life-time of husband or wife | Leave a comment

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