Hindu Marriage Act, 1955—Section 29(2)—Hindu Marriage Act—Void Marriage—Customary Divorce—Alimony—Limitation—Bigamy—Rape by Deception—Procedural Requirements—A marriage solemnized under the Hindu Marriage Act, 1955 is void ab initio under Sections 5(i) and 11 if either party has a living spouse from a prior valid marriage, unless a valid customary divorce can be established—Under Section 29(2), such custom must be specifically pleaded and proven with cogent evidence; mere assertions are insufficient—While Rule 8(3) of the A.P—High Court Rules mandates impleading the first spouse in a petition for nullity, non-impleadment is not fatal if impractical or unnecessary—The second spouse in a void marriage is entitled to claim maintenance and permanent alimony un...

Penal Code, 1860—Section 494, 109 r/w 34—Criminal Procedure Code, 1973—Section 200 and 204—Bigamy—Issuance of process—Whether the offence of bigamy is a continuing—Held, No—The husband has contracted second and even third marriages during the subsistence of the 1st marriage with the complainant—The consent of the 1st wife or with the consent of the 1st and 2nd wives for the third time would become immaterial for consideration of offence of bigamy—The plea of delay in registration of the crime would pale into insignificance, as bigamy in the case at hand is a continuing offence—The Criminal Petition is allowed in part.   (Para 11)...

Indian Penal Code, 1869, Section 494 and 498A—Code of Criminal Procedure, 1973, Section 482—Bigamy—Essentials of—The essential requirement of Section 494 of the Indian Penal Code is that the person committing the offence must have married another woman or man during subsistence of his or her first marriage—The offence of cruelty u/s 498A, IPC, could be registered only against a legally married husband or his relatives and second wife is not a relative of husband—This is a fit case for invoking power of this Court under Section 482 of the Code of Criminal Procedure to meet the ends of justice—Application is allowed with no costs. (Para 8, 9)...

Penal Code, 1860 (IPC)—Section 494—Hindu Personal Law pre-1955 codification, conversion to Islam by a Hindu spouse did not automatically dissolve the marriage—A Hindu marriage persisted even after such conversion—Thus, a second marriage by an apostate under Islam, while still bound by Hindu Marriage Act provisions, remains illegal and void—This is because it violates the rights of the Hindu spouse and flouts the provisions of the Act governing the first marriage—The second marriage is non-existent in the eyes of the law, constituting a breach of legal obligations towards the Hindu spouse. ...

Penal Code, 1860 (IPC)—Section 109, Section 494—Granted leave in two appeals challenging the High Court of Punjab and Haryana’s decision to quash a bigamy complaint—The appellant, brother of Jagjit Kaur, alleged that Darshan Singh, still married to Jagjit Kaur, illegally married Mohinder Pal, with respondents aiding this second marriage—The Chief Judicial Magistrate found prima facie evidence of bigamy under Sections 494 and 494 read with 109 IPC and issued process—The High Court quashed the proceedings under Section 482 CrPC, citing insufficient allegations of customary rites in both marriages—The Supreme Court held that the High Court exceeded its limited inquiry under Section 202 CrPC, which only determines prima facie evidence, not full trial evidence—The Court found sufficient grounds a...