In this context it is necessary to bear in mind the requirements of Section 494 of the Penal Code. 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. 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. 8 (the respondent No. 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. 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. at *3. applies on account of the provisions of the Act, should have been celebrated with proper ceremonies and in due form. 2. 0. In these state of facts, the learned Sessions Judge rightly challenged the credibility of this witness. October 30, 2018. ceremony of Saptapadi and usage applicable to the parties. In fact, the courts have proceeded on the footing that, according to the parties, the ceremony of Saptapadi is one, of the essential requirements for constituting a valid, The High Court in the instant case had drawn an, inference that all the ceremonies essential for a valid, marriage had been performed on the strength of the three, letters and the oral evidence as aforementioned. As regards the second marriage of the accused No. ILR 5 Cal 566(FB), Empress of India v. Kallu, ILR 5 All 233, Archbold, Criminal Pleading Evidence and Practice (35th. In other words, it is not the case of, the respondent that the marriage was celebrated in. Whether judge can alter Judgment after it is signed? P ENAL C ODE § 25.01. He first referred, to a statement by the appellant Kanwal Ram that he had, sexual relationship with Kubja. The said witness does not report the matter to the complainant or to the police or police patil. for going, through a marriage which was void by reason of its taking, place during the lifetime of the previous wife. If bigamy is proven based on the above presented to a Judge, depending on whether the other marriage existed prior or subsequent to your marriage; your marriage would be either void or you'd have grounds for a divorce. He, therefore, sentenced him to suffer three months' rigorous imprisonment and to pay a fine of Rs. constitute bigamy,” since this is the language footnote 9 attempts to explain. I, therefore, find no merit in this appeal, which is dismissed. 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. In this view it was held that the, prosecution in that case had failed to establish that the. bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the, Section 11 of the Act deals with void marriages. 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 … 8 in this appeal) on 1-6-1974 as per the customary rights of the Hindus. In Kanwal Ram and others v. The Himachal Pradesh, Admn. Is Section 489A of Indian Penal Code, 1860 applicable to second wife? Shankar Lokhande v. State of Maharashara Cri. 1 in his statement under Section 313 of the Criminal P.C. The term burden of proof is dealt with in part III, chapter VII, section 101 to 114 A of the Indian evidence act, 1872. Being aggrieved, the accused preferred an appeal to the Sessions Court. To prove bigamy exists, the court must prove the defendant was legally married to the first person. 1 with the complainant was established since the accused No. The two witnesses viz. Unless these ingredients of Section 494 are satisfied, the accused cannot be punished for an offence of bigamy under the same. The first appellant therein had been, convicted for an offence under Section 494, I.P.C. 1 guilty of an offence punishable under Section 494 of the Penal Code. That standard of proof of marriage in proceedings under Section 488 Cr.P.C. 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. 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. On behalf of the accused also two witnesses were examined. the person marrying so as to attract Section 494, I.P.C. He has also deposed that there is no relation between him and Ramkrishna Satale. There are rare exceptions to this rule, but they should be avoided in formal writing. The learned Magistrate on the basis of the evidence before him held that the first marriage of the accused No. 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. But, there is no such amendment in the State of H.P. Merely going through certain ceremonies with the intention that the parties be taken to be married, will not make the ceremonies prescribed by law or approved by any established custom.”. State of Gujarat, reported in 2013 (O) G... Holding that any addition, deletion or modification of the contents of a judgment will tantamount to alteration of the judgment, the M... 1) Supreme Court: Magistrate Can Invoke Power U/S 156(3) CrPC Even At Post-Cognizance Stage  https://www.lawweb.in/2019/10/supreme-court... For an offence under Section 494 both the marriages must be legal and valid. Whether wife can be denied maintenance on ground that she has relinquished her right to maintenance under divorce deed? Other evidence may exist that supports these ideas. It is therefore essential for the purpose of, Section 17 of the Act, that the marriage to which Section. the accused and they were acquitted for the said offences. In particular, learned Additional Advocate General, submits that this witness having categorically stated that the, marriage was performed in accordance with “Hindu rites”, no. In another decision of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s. 1 with the complainant was led on behalf of the complainant. First, treated as an admission, the entire document, has to be read as a whole and that would prove the, dissolution of the first marriage of Kubja which would make, the second marriage innocent. To prove the offence of Bigamy, the prosecution must prove that the second marriage was valid, S. Nagalingam v. Sivagami, (2001) 7 SCC 487. Each of the above accused was sentenced by him to suffer sentence till the rising of the Court and to pay a fine of Rs. Regardless, Arteaga ’s statements can be harmonized. would. According to the said decision, the admission of marriage by the accused is no evidence for the purpose of proving marriage in a case of adultery or bigamy. customary rites and ceremonies of either party thereto. Learned Additional Advocate General submits that testimony of, the prosecution witnesses has not been considered in its true, perspective. 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. It is, however, urged that the ratio of the said decisions applies to a second marriage. Nor, do we think, it is evidence of the marriage even as against, Kubja. 1 with the accused No. the first marriage. Being aggrieved the complainant has preferred this appeal against the acquittal of the accused. Marriage strict proof necessary to prove adultery or bigamy: In a prosecution under Section 494 (bigamy) and 497 (adultery), ‘marriage’ must be strictly proved. The said witness also did not inform the complainant or the police about the performance of the second marriage. 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