Bigamy section 494 ipc. Proof not necessary for FIR in bigamy cases: Supreme Court 2019-02-16

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SEEKING INFORMATION REGARDING BIGAMY (Under IPC 494)

bigamy section 494 ipc

Before publishing your Essay on this site, please read the following pages: 1. According to her, the petitioner who is Sub-Inspector of Police, cheated her and her parents by stating that his first wife had died after delivering two children who are studying and staying in a hostel, even though his first wife by name Sharda is very much alive and living with him at Avanthinagar near Erragadda and thus by making false and fraudulent representation, the appellant married with her at Yadagirigutta on 09. The accused persons can be charged and convicted for the offence of abetment where there is evidence to show such persons have instigated or otherwise abetted in the acts of the person who has actually committed the offence or the crime. That fact of marriage taking place, somehow or the other, is essential to be proved, in other words, the accused had indulged himself in a second marriage immaterial whether it is solemnized or not. In the absence of the evidence of the performance of marital ceremonies necessary in a marriage were admission of the second marriage by the accused will not satisfy the ingredients of the offence under Section 494, I. They should be able to deal with them with confident, vigour and knowledge.

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IPC Sections 494

bigamy section 494 ipc

State of West Bengal was relied on in which the appellant was married to the second respondent and after living together for some time the wife went to reside with her parents. The second wife denied the second marriage and claimed to be a virgin. Karamjeet, however, claims that her first marriage had turned sour after a short period and she had divorced her first husband through a mutual agreement reached before the village panchayat. D can not be relied upon. The Supreme Court held that the marriage was not complete and thus there was no liability for bigamy. Or what are the legal procedure if a person files bigamy case? The mere keeping of a concubine or a mistress is not sufficient to attract the provisions of Section 494, I. The Bench also said that the proof of marriage required for a proceeding under Section 125 of Cr.

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IPC Sections 494

bigamy section 494 ipc

It is obvious that to hold a person guilty under this section it is necessary to prove that the previous marriage of the accused was valid and subsisting. Sections 494 and 495 do not apply to persons who can have more than one wife or husband at the same time under the personal law applicable to them as the subsequent marriage will not be void in their case. The offences relating to bigamy under Sections 494-495 of the Indian Penal Code 1860 be made cognizable by necessary amendment in the Code of Criminal Procedure 1973. The statutory authorities like the police kept silent when it comes to registering a case under Section 494 in respect of certain classes of people on the ground of personal law, the petitioner said. Despite the fact that there is no acknowledgment given to a second wife, because of the legal understanding of existing law as talked about above, she may have a few shots of getting support. The Supreme Court had held that children born of second marriage are entitled to a share in the property of their father though the second marriage itself is void. Section 494 does not say that the complaint for commission of offence under the said section can be filed only by wife living.

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Vaastav Foundation

bigamy section 494 ipc

What is the procedure to file a complaint under S494? The voidness of the marriage under section 17 of the Hindu Marriage Act, 1955 is in fact one of the essential ingredients of section 494 of the Code because the second marriage would become void only because of the provisions of section 17 of the Hindu Marriage Act. State it was alleged that the accused went through a second marriage according to the Arya Samaj custom for which three and a half rounds of sacred fire are enough to complete a marriage. Such reasoning is quite contrary to the law declared by this Court in Reema Aggarwal Vs. See Hindu Marriage Act, 1955. Where a Christian entered into a second marriage according to Hindu rites, the second marriage would not be valid in the eye of law and he would be held not guilty of bigamy under section 494. Clause 2 comes into play only when 1 the two laws in question deal with a matter in Concurrent List 2 the State law has been made with the consent of the President and 3 the provision of law made by Parliament was earlier. It would, therefore, be doing injustice to Islamic law to urge that the convert is entitled to practise bigamy notwithstanding the continuance of his marriage under the law to which he belonged before conversion.

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Supreme Court Acquits An Accused Of Bigamy After His Compromise With First Wife

bigamy section 494 ipc

Quran, forbids polygamy if the purpose to marry more than once is self-interest or sexual desire, the court added. The point, whether a marriage is valid is essential to prove bigamy. These sections apply to Mohammedan women but not to Mohammedan men, while they apply equally to men and women amongst Hindus, Christians and Parsis. As held in Ramakant Rai Vs. To say that unless solemnization is proved the marriage is not deemed a valid marriage and unless the marriage is valid, it cannot be construed as bigamy and unless it is bigamy one cannot be punished under Sec. As conversion does not dissolve a Hindu, Christian or Parsi marriage, a second marriage gone through after conversion, by a Hindu, Christian or Parsi will be bigamous while such a marriage by a Mohammedan will not, as under the Islamic Law marriage is dissolved by conversion from Islam.

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IPC Sections 494

bigamy section 494 ipc

However, inspite of the existence of the above provisions, first wives find that evidence of the second marriage is difficult most of them are performed secretly or by token rituals like exchange of garlands in a temple to come upon for criminal prosecution, for the courts demand hard proof. Does attending a second marriage amount to abetting the same? Section 494 is intended to achieve laudable object of monogamy. Merely going through certain ceremonies, with the intention that the parties be taken to be married, will not make them ceremonies prescribed by law or approved by any established custom. By virtue of presumption provided under S 108 of the Evidence Act, it may be safely concluded that a person who is missing for more than seven years, is presumed to be dead and when the other spouse contracts a second marriage, it follows that there is no husband or wife living at the time of the second marriage and hence, the offence of bigamy is not made out. A person whose husband or wife is living marry again will be punishable Section 17 of the Hindu Marriage Act 1955. There is no reason why the relief cannot be and should not be appropriately moulded while disposing of an appeal arising by grant of special leave under Article 136 of the Constitution. The celebration of the second marriage has to be proved in the same manner as that of the first.

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Vaastav Foundation

bigamy section 494 ipc

As earlier mentioned, in Enai Beebee , it was held that is essential for the person contracting into second marriage to inform about his first marriage. The contents are intended, but not guaranteed, to be correct, complete, or up to date. In other words, this section is inapplicable to two cases. Marrying again during lifetime of husband or wife: Marrying again during the lifetime of husband or wife, that is to say, bigamy, has been made a punishable offence under this section. Adultery is the offence by a man against another man relating to his wife. A second marriage performed before the Hidnu Marriage Act, 1955 came into existence does not attract penalty under section 494 of the Code.

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Bigamy

bigamy section 494 ipc

The first marriage should be subsisting at the time of the second marriage and should be a validly contracted one. The police had registered a criminal case against the husband and in-laws based on the complaint. A person can take divorce and then get re-married as divorce dissolves the valid marriage. However, there are some exceptions to it as well that exist. Polygamy is not encouraged in Islam and is an exception and not a Rule. He said Section 494 did not distinguish between Hindu and Muslim or Christian when it came to bigamy.

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