At any rte, there appears to be no judicial precedent in this regard. The question to be determined on the basis of the factual position, as has been noticed hereinabove, is whether in the facts and circumstances of this case, it is possible to accept such deceit, at the hands of the respondent, even if it is accepted for the sake of arguments, that cohabitation continued between the parties between 08. In laying down this proposition, the High Court forgot that the other offence namely, the offence under Section 498A I. The Supreme Court observed that the respondent by suppressing the factum of alleged first marriage. In the first place, the High Court gravely erred in observing that Pashaura Singh married second time on January 2, 2002 while he was already married with Kamaljeet Kaur and the aforesaid marriage has not been dissolved.
Her marriage was performed with the petitioner as per Hindu Rites and customs. She demands 30lacs on very next day of our marriage, despite my several requests, her parents told me to keep patience against her violence as her father says that she must have some gynecologic problem and take her to some good doctor, we had tried a lot to take her to doctors but she denied as she was taking few ayurvedic medicines from some kerala doctor. Chandra Kumar Appeal Suit No. According to the complainant, several times the appellant had tried to snatch away gold ornaments put on by her by threatening her with dire consequences and had demanded gold ornaments together with cash of Rs. A question of intricate complexity arises in this appeal where factual scenario has to be also considered. In such circumstances the petitioner cannot be allowed to take advantage of his own wrong and turn around to say that respondents are not entitled to maintenance by filing the petition under Section 125, Cr.
Society suggested me to file a divorce case even. C alone, then there is every possibility of applying ratio of the Madras decision. He found that the prosecution did not bother to prove some documents which were filed on record. This order was set aside by the Himachal Pradesh High Court saying that the Sub Judge is expected to know such elementary principle of law and it is a gross mistake on his part to have ignored such principle of law and to have given a decree contrary to the provisions of Hindu Marriage Act and perpetuate a criminal offence of bigamy punishable under the Indian Penal Code. Legislature has taken care of children born from invalid marriages. But does second wife come in the scope of live in partner? C as amended in the state of Andhra Pradesh is made cognizable, there is no corresponding amendment to Section 198 Cr.
At the stage of framing of the charge, the material placed before court is only to be looked to find out whether there are sufficient grounds to proceed against the accused and not whether the material is sufficient for conviction. Many ladies like this suffer. We will not view the provisions as abstract principles separated from the motive force behind. But, a suit can be filled by the first wife for a perpetual injunction by one spouse against other under Code of Civil Procedure, 1908 read with Section 38 of the Specific Relief Act, 1963. However, in a criminal prosecution, there has to be much more precision. In the circumstances, the High Court reduced the sentence of two years rigorous imprisonment awarded to A1 to rigorous imprisonment for one year.
The Supreme Court had not issued any direction for codification of common civil code. Aggrieved by The framing of the charge by the Sub- Divisional Judicial Magistrate, Anandpur, respondent No. Within six days, of her coming to know, about the above ex- parte decree of divorce, the appellant preferred an application, for setting aside the said ex-parte decree, on 29. This is apart from the fact that the evidence in support of the offence under section 494 of the Indian Penal Code was wholly unsatisfactory. Some four months later she conceived.
Such hairsplitting legalistic approach would encourage harassment to a woman over demand of money. C cognizable and having regard to provision contained under Section 155 2 Cr. The Kerala High Court has held that where it is established that the accused at the time of second marriage honestly and genuinely believed that the tie of his first marriage had been severed by a deed of divorce between the parties to the first marriage, and the parties under it had highlighted that they were living separately and it was impossible for them to live together and that they resolved to terminate their marriage and were free to marry again, the accused deserved benefit of doubt. The appeal filed by the complainant was allowed on 10. 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. Advocate Kapil Chandna 9899011450 Dear Sir, Thanks for reply.
So, a wife who finds that her marriage is invalid in eyes of law due to such fraudulent inducement or concealment of fact of subsisting marriage, can get the husband punished for imprisonment of either description of term that can extend to an year or fine or both under section 417. However, this Court finds that the Legislative Assembly of the State of Andhra Pradesh enacted the Code of Criminal Procedure Andhra Pradesh Second Amendment Act, 1992. C on the ground that she was a major and that she married on her own free will and she was living happily and peacefully thereafter and that initiation of prosecution by her father in such circumstances was improper. Court:Supreme Court of India Appellants in Imprisonment for about two Months : Appellant No. Indeed, when social reality changes, the law must change too. First wife failed to proof that Monogamy was a rule in Santhal tribe.
This decision was rendered having regard to special facts prevailing in that case. Having given our thoughtful consideration to the facts and circumstances of this case, specially the factual position as has emerged after the ex-parte decree of divorce dated 08. That from the mere fact that he made a breach of his promise it cannot be inferred that from the beginning he had no intention of marrying her at all and just wanted to practice fraud on her by undergoing some sort of bogus ceremony knowing that such a ceremony would not constitute a valid marriage. Section 17 of the Hindu Marriage Act has to be read in harmony and conjunction with section 494 of the Code. One fails to understand under which provision of law it allowed filing of the documents by a complainant in State prosecution. Such marriage can be dissolved under the provisions of the Indian Divorce Act.
C as amended in the state of Andhra Pradesh is made cognizable, there is no corresponding amendment to Section 198 Cr. Radhika Sameena 2 supra on Section 198 Cr. Ten years after the desertion the husband married a second time. The supreme Court is supposed to bridge the gap between the law and society. Court:Delhi High Court Travesty of justice if two old and aged petitioners viz. Truth or otherwise of all allegations in the charge sheet as well as in First Information Report have to be adjudged by the trial Court after both the parties leading their oral and documentary evidence during trial before the lower court. No part of a statute and no word of a statute can be construed in isolation.
The complaint can also be filed by the person with whom second marriage takes place which is void by reason of its taking place during the life of first wife. 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. However, from this affidavit, it is apparent that her husband has obtained a divorce judgment. The man was imprisoned in connection with a crime he had committed and the marriage was not consummated. At the time of filing of the complaint, implications and consequences are not visualized. On the following day, i.