Unless these ingredients of Section 494 are satisfied, the accused cannot be punished for an offence of bigamy under the same. Since the second marriage was conducted during the subsistence of the first marriage with her she filed a complaint charging the accused Nos. Twitter. No. The offence is compoundable with the consent of the wife and permission of the court, Parameswari v. Vennila, (2000) 10 SCC 348. After referring to the passage in Mulla’s Hindu Law, 12th, Edn. Latest Stories. Then, the court must show the first marriage never ended. Having thus held that the second marriage was validly performed between the accused Nos. Ceremonies for a Hindu marriage-(1) A, Hindu marriage may be solemnized in accordance with the. Proof not required for registering FIR in bigamy cases: SC. celebrated with proper ceremonies and in due form. 1 is living. the first marriage has been declared void by the Court of competent jurisdiction, or. ....... Further, as pointed out by this court in Kanwal, Ram’s case (supra) 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, Again in A. Subash Babu vs. State of Andhra Pradesh and, another (2011)7 SCC 616 the Supreme Court again holds:-, In Gopal Lal v. State of Rajasthan (1979)2 SCC, 170 this Court had ruled that in order to attract the, provisions of Section 494 IPC both the marriages of the, accused must be valid in the sense that the necessary, ceremonies required by the personal law governing the, On this point, two more decisions of the Supreme, Court in Lingari Obulamma vs. L. Venkata Reddy and others, (1979)3, SCC 80 and S. Nagalingam vs. Sivagami (2001)7 SCC 487 are relied, upon. Bail. 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. Nor, do we think, it is evidence of the marriage even as against, Kubja. We are entirely unable to, agree that this, even if true, would at all prove his marriage, with Kubja. The Sessions Judge held that the first marriage between the complainant and the accused No. It is, alleged that the complainant was constantly harassed by the, accused for not meeting their demands for dowry. In another decision of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s. 1. In other words, it is not the case of, the respondent that the marriage was celebrated in. Is Section 489A of Indian Penal Code, 1860 applicable to second wife? 1 had married the accused No. The complainant wife claims that she was the first wife of the accused No. Whether wife can be denied maintenance on ground that she has relinquished her right to maintenance under divorce deed? Whether Reporters of Local Papers may be allowed to see the judgment? 3796. If this is a bit too much to remember right now, here is a helpful trick to remember prove vs. proof. The literal meaning of bigamy is the crime of going through a form of marriage while a previous marriage is still in existence or having two wives or husband at once..in England, bigamy was originally an ecclesiastical offence based upon the broad grounds of its involving an outrage upon public decency by the profanation of a solemn ceremony According to the hindu marriage act, 1955, under section 5 … He deposed that at the instance of one Ramkrishna Satale he was present at the marriage. Important Supreme Court and Bombay HC Caselaws on S 156(3) of CRPC. Where such rites and ceremonies include the, Sapatapadi (that is the taking of seven steps by the. The trial Court, Commissioner does not seem to have taken a different, thought that apart from the evidence about the marriage, ceremonies earlier mentioned there was other evidence, which would prove the second marriage. It will be seen that one of the conditions is, that referred to in clause (1) namely, that neither of the. himself admitted the said marriage. To prove the offence of Bigamy, the prosecution must prove that the second marriage was valid, S. Nagalingam v. Sivagami, (2001) 7 SCC 487. accordance with the requirement of Section 7 of the Act. The gist, of the offence against the accused is that not only did they treat, the complainant with cruelty within the meaning of Section 498-A, IPC, but Rajinder the first accused performed a second marriage, in contravention of the provisions of Section 494 IPC . applies on account of the provisions of the Act, should have been celebrated with proper ceremonies and in due form. 3 had attended the said marriage. To establish an adultery claim in South Carolina, you will need to prove two elements: Your spouse had motive to have the affair; and Your spouse had the opportunity to have an affair. 7. In these state of facts, the learned Sessions Judge rightly challenged the credibility of this witness. 1 and 8 during the subsistence of the first marriage he held the accused No. PW14 states, in his examination in chief that he performs the marriages of, Hindus in accordance with the Hindu tradition and the exact, “......main Hindu riti-riwaz ke anusar saat feron dwara, (Stated that I perform the marriages of the interested, persons in accordance with the Hindu rites and customs, He then states that he had performed the marriage of the, accused according to Hindu customs, but no where states that, ceremony of ‘saptapadi’ was performed. It is necessary for the complainant to give strict proof of marriage. applies on account of the provisions of the Act, should have been celebrated with proper ceremonies and, in due form. Today's Breaking News Darwin Pesco-January 19, 2021. other or further proof was required for proving this offence. 1 of the village Amdapur and the other was one Fakira S/o Govinda D.W. No. As regards the accused No. Following Texas precedent, the court held the State did not need to prove that appellant actually engaged in bigamy but only needed to show that if … The learned Magistrate on the basis of the evidence before him held that the first marriage of the accused No. Ed.) It is not in dispute that for an offence under Section 494 both the marriages must be legal and valid. Direct evidence is needed to demonstrate that second marriage was contracted, during the subsistence of first, to prove the offence of bigamy. for dowry and cruel treatment meted out to the complainant. 9. In the result, the appeal fails and is dismissed. Profile. Trimbak S/o Ramchandra P.W. No. Learned Additional Advocate General also submits that the, second marriage stands proved by none other than PW14 Pandit, Roop Chand Sharma who performed the marriage and stated in, clear and uncertain terms that marriage was not only performed, by him but also entered in the Register Ext.PW14/A and he, issued Ext.P1 which is the certificate evidencing the marriage of, the accused. 300/- and in default of payment of fine to undergo further three months' rigorous imprisonment. In particular, learned Additional Advocate General, submits that this witness having categorically stated that the, marriage was performed in accordance with “Hindu rites”, no. which are favourable to the accused, resulting in acquittal. He, therefore, held that the first marriage was subsisting when the alleged second marriage was solemnised by the accused No. 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, However, in S. Nagalingam ‘s case the Supreme Court holds that by, Marriage Act, the ‘saptapadi’ ceremonies are not required. The evidence of the, witness called to prove the marriage ceremonies showed, that the essential ceremonies had not been performed. If the person in question is using a different name altogether and it is not known what state or county was used since they used a family friend to cover the paper work etc, what would be required to prove bigamy in court? 1 with the accused No. ceremony of Saptapadi and usage applicable to the parties. No. In bigamy cases while lodging a criminal complaint it is not necessary for the aggrieved party to prove that marriage ceremonies were performed as it is for the trial court to decide the veracity of the allegations, the Supreme Court has held. On behalf of the accused also two witnesses were examined. If the second marriage has taken place, it will be void under the circumstances and Section 494 of, the Indian Penal Code will be attracted. Proof needed to pursue case of concubinage. Bhajan Singh, and Satya Devi are the father and mother of this accused. We suggest that you should register a complaint of Bigamy under Section 494 of the Indian Penal Code against your husband in the nearest Police Station. B. In the recent Supreme Court Judgement, it has been held that proof of first marriage is not required at the time of registering of FIR. 2 who is the resident of the same village in which the accused No. 2 Trimbak is concerned, he does not appear to be related to any of the parties. Proof not required for for lodging complaints under Bigamy law The Supreme Court has held that while lodging a criminal complaint it is not necessary for the aggrieved party to prove that marriage ceremonies were performed as it is for the trial court to decide the veracity of the allegations The Himachal Pradesh, Administration AIR 1966 SC 614 the Supreme Court considering this, It was contended for the appellants that this, evidence was not enough to show that the marriage of, Kubja and Kanwal Ram can be said to have been, performed. In Bhaurao. Besides her own evidence she examined the two witnesses on her behalf referred to above. Whether judge can alter Judgment after it is signed? the first spouse has been absent or not heard of continually for a space of seven years. If the, marriage is not a valid marriage, it is no marriage in the, Again in interpreting the word “solemnize” in, “The word ‘solemnize’ means in connection with a, ceremonies and in due form’, according to the Shorter, Oxford Dictionary. In another decision of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s. As regards the alleged second marriage of the accused No. The learned trial Court only relies upon selective. 1 guilty of an offence punishable under Section 494 of the Penal Code. ::: Downloaded on - 26/10/2013 16:13:38 :::HCHP, demand was met, but later on, another demand of Rs. I hold that even in the evidence of PW11. the accused and they were acquitted for the said offences. According to her, the accused No. 3 in this appeal), legally wedded to him about 8 years back before the date of the complaint However, she was not living with her husband at Amdapur, Tahsil Mehekar, District Buldana. He first referred, to a statement by the appellant Kanwal Ram that he had, sexual relationship with Kubja. The criminal defense lawyer for a person accused of bigamy will need to support the individual and present the case of innocence or good faith that the person did not commit the crime purposely. One, of the conditions, if contravened, which makes a marriage, solemnized after the commencement of the Act, null and, void, is, if any party thereto has a spouse living at the time, Section 17 relating to punishment of bigamy is as, “Section 17. constituting it, must be proved: Empress v. Pitambur Singh. When this money was paid, the accused Rajinder Kumar, spent it on consuming liquor. The law of bigamy is not applicable to live- in relationship as there is no legally contracted marriage. The said witness does not report the matter to the complainant or to the police or police patil. It, 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, solemnized 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 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 solemnized in, accordance with the customary rites and usage which do, not include Saptapadi. We are unable, therefore, to think that the written statement of Kubja affords any, assistance towards proving her marriage with Kanwal, This principle does not need any reiteration as again, the Supreme Court was at pains to point out that:-, in Smt. The effect of the decision, in our opinion, is that the, prosecution has to prove that the alleged second marriage, religious rites applicable to the form of the marriage gone, through by the parties and that the said marriage must be. It would, therefore, follow that if for the proof of the second marriage, it is necessary for the complainant to prove all the essential requirements of a legal and valid marriage, then by the same standard and by the same reasoning it is necessary for him to prove as a fact all the essential requirements to show that the first marriage was also performed validly. In a bigamy case, the, scond marriage as a fact, that is to say, the ceremonies. The first question that arises for consideration in this case is whether by the admission of the accused No. of proof of satisfying the jury of the honesty (and, less certainly, the reasonableness) of his mistake lies on the accused. In appeal against an acquittal unless it is shown that the view taken by the Sessions Judge is not possible or that his finding is perverse, it would not be open to me to disturb his finding that the second marriage of the accused Nos. The State, on the other hand, contended. 3 Sakharam is concerned, apart from his alleged relationship to the parties to the second marriage, it is sought to be shown in the cross-examination that his sister, who was the wife of one Tapaji Kadam was divorced and the daughter of accused No. Being aggrieved the complainant has preferred this appeal against the acquittal of the accused. But, there is no such amendment in the State of H.P. No such evidence in regard to the first marriage of the accused No. Another proposition laid down by this decision, which answers the second contention of the learned, counsel for the appellant, is, that admission of marriage by, an accused is no evidence of marriage for the purpose of. (old) need not be so high as required in prosecutions for bigamy or proceedings under the Divorce Act. The two witnesses viz. Section 498-A, 494 read with Section 34 of IPC. a valid one according to law applicable to the parties. I, therefore, find no merit in this appeal, which is dismissed. One of them was the Police Patil D.W. No. Then the learned Judicial Commissioner relied, on a statement filed by Kubja, Hira Nand and Hiroo in, answer to an application for restitution of conjugal rights, filed by Sadh Ram against Kubja and others, in which it was, stated that Kubja married Kanwal Ram after her marriage, with Sadh Ram had been dissolved. PNP vows no crackdown, militarization in UP. 1 in his statement recorded under Section 313 of the Criminal P.C. When it was not complied with she was assaulted and, beaten. 8. Proof of Bigamy. Email. 3. As regards the question of the proof of the second marriage, the learned Sessions Judge has directed himself to the credibility of two witnesses examined on behalf of the complainant. Neither he nor any of the witnesses show the relationship of Ramkrishna Satale to the parties to the second marriage, so as to show his authority for giving invitation to Trimbak C.W. 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. 8 and also the other accused 3, 4, 5, 6, 7, 13 and 15 he held them guilty of the charge of abetment punishable under Section 494 read with Section 109 of the Penal Code. 1 in the statement under S. 313 of the Criminal P.C., his first marriage between him and the complainant can be held to be proved. The case of the prosecution, in brief, is that, complainant Nirmala Devi was married to accused Rajinder, Kumar (sic Singh) on 6.12.2000. 8. 1 and 8. Again in order to hold that the second marriage has been, solemnized so as to attract Section 17 of the Act, it is, essential that the second marriage should have been. and Practice (35th Ed.) This Court rejected the contention of, “Prima facie the expression ‘whoever.......marries’, ‘whoever.....marries and whose marriage is a valid one.’ If, the marriage is not a valid one, according to the law, applicable to the parties, no question of its being void by, reason of its taking place during the lifetime of the, husband of wife of the person marrying arises. 1 with the accused No. 1 with the complainant was led on behalf of the complainant. Posted on Apr 5, 2017. The learned counsel for the complainant has relied upon the observations of the Supreme Court in para 7 of the decision in the case of. In a bigamy case, the second marriage as a fact, that is to say, the ceremonies constituting it, must be proved.It is therefore essential for the purpose of Section 17 of the Act, that the marriage to which Section 494, I.P.C. Ultimately, your question has to do with evidence & what type of evidence is relevant and admissible to prove what you claim, bigamy. So, that evidence cannot justify the conviction. We think this contention is justified. He held that to establish that there was a first valid marriage between the complainant and the accused No. Initially one. P ENAL C ODE § 25.01. sometimes be complicated to prove that a person is still married to another person at the time of their new marriage constitute bigamy,” since this is the language footnote 9 attempts to explain. If the said section requires a strict proof of the validity of the second marriage, it is not understandable why such a strict proof is not required for the first marriage also. Bigamy cannot be proved on the strength of notices and police report issued in 107 and 144 cases. 178 of 1963, unreported: (since reported in AIR 1965 SC, 1564), this Court held that a marriage is not proved unless, the essential ceremonies required for its solemnization are, proved to have been performed. Kanwal Ram v. The Himachal Pradesh Administration, Smt. The learned Sessions Judge, therefore, acquitted all the accused by allowing the appeal. Marrying again during lifetime of, husband and wife-Whoever, having a husband or wife, living, marries in any case is 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, years, and shall also be liable to fine.”, In Bhaurao Shankar Lokhande and Another v. State, either description for a term which may extend to seven, of Maharashtra and Another (1965)2 SCR 837, the question, arose whether in a prosecution for bigamy under Section, 494, I.P.C., it was necessary to establish that the second, marriage had been duly performed in accordance with the, essential religious rites applicable to the form of marriage, gone through. Priya Bala Ghosh vs. Suresh Chandra Ghosh, 1971(1) SCC 864, “10........Section 5 of the Act lays down conditions for a, Hindu marriage. As regards the second marriage of the accused No. If follows, therefore, that unless the, ceremonies and due form’ it cannot be said to be, ‘solemnized’. However, she learnt about the same through P.W. The learned Sessions Judge has laid stress upon the conduct of these two witnesses in not reporting the matter to the complainant or to the police immediately after the incident of the performance of the second marriage, which according to them, they witnessed. In the absence of the proof of any relationship between the said Laxman, the father of the complainant and this witness, it is difficult to understand why this witness had gone to inform him the said incident on 9-6-1974. The question is whether enhancement under Section 22.011(f) required the State to prove that the defendant actually committed bigamy or simply that the defendant would be guilty of bigamy if he were to marry or purport to marry the victim or to live with the victim under the appearance of being married. 8 he held that the evidence of the two witnesses examined on behalf of the complainant was not worthy of credence because in the first place they were related to the complainant and were, therefore, interested witnesses and secondly because of their conduct in not reporting the matter either to the police or to the complainant immediately after they witnessed the solemnisation of the alleged illegal second marriage, according to them, of the accused No. The defendant knowingly entered into a bigamous marriage the village Amdapur and the accused Nos remember prove proof..., beaten held the accused by the say, the court must show the first appellant therein been. 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