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)...

Criminal Procedure Code, 1973—Section 482—Indian Penal Code, 1860—Sections 494, 109—Bigamy—Quashing of proceedings—No prima facie material for abetment by relatives of husband—Cognizance order suffers from non-application of mind—Proceedings quashed. Petitioners, being relatives of the husband of the complainant (respondent), were summoned in proceedings under Section 494 read with Section 109 IPC on the allegation that the husband remarried during subsistence of the first marriage—Petitioners sought quashing of proceedings in C.C. No.838/2012 pending before JMFC, Mandya—Held, Section 494 IPC applies only to the spouse committing bigamy—For relatives to be summoned under Section 109 IPC, specific allegations or prima facie material showing abetment are necessary—...

Criminal Procedure Code, 1973 (CrPC)—Section 200, Section 306, Section 311, Section 313, Section 315—Evidence Act, 1872—Section 165—Penal Code, 1860 (IPC)—Section 109, Section 494—The accused challenged the order dated 03.05.2008 passed by the Chief Judicial Magistrate, Cachar, allowing the complainant to summon Smt. Jonali Deka as a court witness under Section 311 CrPC in a case of alleged bigamy under Section 494 IPC—The accused argued that such an order would unfairly prejudice him and fill lacunae in the complainant’s case—The High Court held that Section 311 CrPC empowers the court to summon, recall, or re-examine any witness at any stage if their evidence is essential for a just decision—The section has both discretionary and mandatory elements—The Court observed that...

A. Indian Penal Code, 1860—Section 494—Bigamy—In a prosecution for bigamy under Section 494 IPC, it is essential to prove that the alleged second marriage was duly solemnized in accordance with customary rites and essential ceremonies required under Hindu law and the custom of the parties—In the present case, though there was evidence of certain rituals such as exchange of garlands and tying of Thali, there was no conclusive proof of essential ceremonies like Kanyadanam or Saptapadi, or the presence of a priest as required under the custom of the Araya community—Hence, no valid second marriage was established. (Paras 3, 4, 5, 6, 8) B. Hindu Marriage Act, 1955—Section 7—Ceremonial Solemnization of Marriage—Under Section 7 of the Hindu Marriage Act, a marriage is valid only if customar...

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...