Such hairsplitting, legalistic approach would encourage harassment to a woman over demand of, money. 812 of 2001 was filed by the appellant before the High Court to quash the proceedings initiated pursuant to C.C. Sadanatham Vs. Arunchalam (1980) 3 SCC 141, the appellate power vested in the Supreme Court under Article 136 is not to be confused with the ordinary appellate power exercised by appellate Courts and appellate Tribunals under specific statutes. and is not able to maintain herself. Private complaint under section 200 for offence under IPC 211 answered by expert criminal lawyer. partly accepted the petition filed by the appellant under Section 482 of the Code of Criminal Procedure by quashing the proceedings in C.C.No. Law of inheritance would prejudicially operate against her. The court said a complaint by a Hindu wife against her husband for the offence of bigamy was maintainable as the effect of Section 17 of the act was … The Investigating Officer, investigated the FIR lodged by the respondent no. File a complaint before magistrate under section 200 of cr.p.c for offence of section 182/211/499/500 of ipc. You can file a case against your father under 494 anytime Also given that your mother was successful in re opening and dismissing the ex-parte divorce case, the courts will definitely take cognizance of offence from the date of dismissal of ex-parte decree. 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 09.10.1994. Post was not sent - check your email addresses! appellant under Section 498A IPC, is hereby set aside and the complaint lodged by the respondent no. 21. 2 under Section 498A of the Indian Penal Code on the file of the learned Magistrate. 498A IPC and on the basis of police report, cognizance of the said offence against the appellant could not have been taken by the learned Magistrate. 820 of 1996 pending on the file of the learned Judicial Magistrate. Section 4, of Hindu Marriage Act nullifies and supersedes such practice all over India among the Hindus. What if the person hides the first marriage and contracts another one ? However, this Court while entertaining an appeal by grant of special leave has power to mould relief in favour of the respondents notwithstanding the fact that no appeal is filed by any of the respondents Reportable. It is just a label given to demand of money in relation to marital relationship. 1 - Filing 494,495,498,420 etc. consideration and assent of the President. 2 lodged FIR dated 26.05.1995 with Ranga Reddy Police Station, Balanagar and prayed to take appropriate action against the appellant for alleged commission of offences under Sections 498A and 420 IPC. In another case ,the supreme court also said Children born out of live-in are not illegitimate. 19. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. In this regard, it would be, relevant to notice the provisions of Article 246 of the Constitution. received his assent, prevail in that State. Advocate Kaleeswaram argued that Section 497 IPC is indirectly discriminatory towards women as the wife of an adulterous man suffers and she can’t even file a complaint against it. Only a person aggrieved by his or her spouse contracting the second marriage can file the complaint. Visit Now! The Hindu Marriage Act applies to Hindus, Jains, Buddhists ,Sikhs,Parsis,Christians [except Muslims]. 498A IPC and on the basis of police report, cognizance of the said offence against the appellant could not have been taken by the learned Magistrate. Damage recovery case under Sec 9 of CPC: A suit can lie against the wife who lies of being … Change ), You are commenting using your Google account. In Gopal Lal Vs. State of Rajasthan (1979) 2 SCC 170 this Court has 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 parties must have been duly performed. 2 is the original complainant. 16. Concurrent List in the Seventh Schedule mentions "Criminal Procedure, including in matters included in the Code of "Criminal procedure, at the commencement of this Constitution". Section 2(c) of the Code of Criminal Procedure, 1973 defines the phrase "Cognizable Offence" to mean an offence for which and "Cognizable Case" means a case in which, a Police Officer may, in accordance with the First Schedule or under any other law for the time being in force arrest without warrant. Apart from this you may file a civil suit for defamation and … The High Court considered the submissions advanced at the Bar as well as the provisions of Sections 198(1)(c) of the Code of Criminal Procedure, Section 494 and 495 IPC and the Judgment of Division Bench of Andhra Pradesh High Court in Mavuri Rani Veera Bhadranna Vs. State of A.P. Such reasoning is quite contrary to the law declared by this Court in. Section 494 in The Indian Penal Code 494. Further, the powers under Article 136 can be exercised by the Supreme Court, in favour of a party even suo motu when the Court is satisfied that compelling grounds for its exercise exist. constituting offence under Section 417 IPC, the proceedings initiated for alleged commission of the offences should be quashed. when she is assured of re-union by her husband, when husband assures to snap the tie of second marriage etc. Even if it is assumed for the sake of argument that in view of Section 198(1)(c) of the Code of Criminal Procedure, the Magistrate is disentitled to take cognizance of the offences punishable under Sections 494 and 495 IPC despite the State amendment making those offences cognizable, this Court notices that in Mavuri Rani Veera Bhadranna (supra), the Division Bench has considered effect of Section 155(4) of the Criminal Procedure Code and thereafter held that the bar under Section 198 would not be applicable as complaint lodged before police for offence under Section 494 IPC also related to other cognizable offences and if police files a charge sheet, the Court can take cognizance also of offence Reportable. The impugned Judgment quashing the complaint filed by the respondent no. Get free answers to all your legal queries from experienced lawyers & expert advocates on criminal & other legal issues at LawRato. 820 of 1996 initiated for commission of offences punishable under Sections 498A, 494, 495, 417 and 420 IPC, has been partly allowed by quashing proceedings insofar as offence punishable under Section 498A IPC is concerned, whereas the proceedings relating to the offences punishable under Sections 494, 495, 417 and 420 IPC are ordered to continue against the appellant. The first marriage should be according to the law i.e, it should be legal; Second marriage should have taken place; The first marriage should be existing; The spouse must be alive; Both marriages should be valid; Classification of offence. Eleven Month Lease Deeds between landlord and Tenant also need registeration ! This Court has heard the learned Counsel for the parties at length and also considered the documents forming part of the appeal. 3. Section 494 does not say that the complaint for commission of offence under the said section can be filed only by wife living and not by the woman with whom subsequent marriage takes place during the life time of the wife living and which marriage is void by reason of its taking place during the life of such wife. 14. 13 (A.P.) contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as "husband" is no ground to exclude them from the purview of Section 304B or 498A IPC, viewed in the context of the very object and aim of the legislations introducing those provisions." 17. Sub- Clause 2 of the said Article provides that notwithstanding anything in Clause (3), Parliament and subject to Clause (1), the legislature of any State also have power to make laws with respect to any of the matters enumerated in List 3 in the Seventh Schedule, whereas, Clause (3) of Article 246 amongst other things provides that subject to Clauses (1) and (2), the legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List 2 in the Seventh Schedule. The High Court was thus clearly in error in quashing the charge under Section 494 I.P.C. The contention by the learned Counsel for the respondents was that 198(1)(c) of the Code of Criminal Procedure will have to be read in the light of the amendment made in the Code by the State Legislature and therefore the learned Magistrate did not commit any error in taking cognizance of the offences on the basis of charge sheet submitted by the Investigating Officer. Referring to Section 198(1)(c) which inter alia provides that no Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by a person aggrieved, where the person Reportable. interfere with the same would amount to allow illegality to be perpetuated. 2 under Section 498A of the Indian Penal code is quashed by the High Court will have to be set aside while disposing the appeal filed by the appellant. Validity of a Divorce granted by a Foreign Court, Follow A Question Of Law- Law for Indian Matters on WordPress.com. with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine." Whereas Section 495 of the IPC is as follows:-, "Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent, marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also, As far as Section 494 IPC is concerned, the criminality attaches to the act of second marriage either by a husband or by a wife who has a living wife or husband, in a case in which second marriage is void by reason of its taking place during the life of such husband or wife. 820 of 1996 on the file of the learned Judicial Magistrate, First Class, West and South, Kothapet, R.R.District, insofar as offence punishable under Section 498A IPC is concerned, whereas the prayer made by the appellant to quash the proceedings insofar as the offences punishable under Sections 494, 495, 417 and 420 IPC, are concerned, is rejected, giving rise to the instant appeal. However, the said petition was Reportable, withdrawn by the appellant and therefore the petition was dismissed by the High Court vide order dated 09.04.2005 reserving liberty to the appellant to file a fresh petition in case of necessity. There may be several reasons due to which the State might not have challenged that part of the Judgment of the learned Single Judge quashing the complaint filed by the respondent no. The High Court by its impugned Judgment dated 3.5.95 partly allowed the petition with the findings that since respondent No.2 had not herself personally filed the complaint under Section 494 I.P.C., its cognizance could not have been taken by the Magistrate in view of the provisions contained in Section 198(1) of the Code. contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as husband is no ground to exclude them from the purview of Section 304B or 498A IPC, viewed in the context of the very object and aim of the legislations introducing those provisions." 17. Clause (1) of Article 246 inter alia provides that notwithstanding anything contained in Clauses (2) and (3) of Article 246, the Parliament has exclusive power to make laws with respect to any of the maters enumerated in List 1 in the Seventh Schedule. Section 198(1)(c), after the Amendment made by the Code of Criminal Procedure(Andhra Pradesh Second Amendment) Act, 1992 cannot be interpreted in isolation without referring to the fact that offences under Sections 494 and 495 IPC have been made cognizable so far as the State of Andhra Pradesh is concerned. What is held as firm proposition of law is that when exercising appellate jurisdiction the Supreme Court has power to pass any order. Section 494 of IPC reads as under:-, "Whoever, having 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. Change ). Though challenge was not made by any of the two respondents to the finding recorded by the learned Single Judge that the complaint lodged by the Reportable, respondent no. 494 along with other cognizable offences by virtue of Section 498A Reportable, and by the respondent no Deeds landlord. 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