Hon’ble High Court of Gujarat in this wonderful judgment, held that
it could not be said that the petitioner who is alleged to have been having an extramarital affair with the husband of the first informant since 2011, would fall within the ambit of “Relative”. Let me assume for the moment that the husband of the first informant has got married with the petitioner in February, 2014. Primafacie, the marriage is invalid. The first marriage is still in subsistence. In such circumstances, the offence under Section 498A could not be said to have been committed.
And, also IPC 494 not applicable on woman,
Babita Sumanprakash Soni Vs State Of Gujarat & on 4 December, 2014Section 494 cannot be made applicable against the petitioner because Section 494 is an offence committed by the husband. If 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. The husband is sought to be prosecuted for the offence under Section 494 of the IPC. The same cannot be made applicable so far as the petitioner before me is concerned.
