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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI, J
Bhupen Nath, S/o- Late Motilal Nath – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
Heard Mr. H.K. Nath, learned Counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent and Mr. K. Sarma, learned Counsel appearing for the respondent No.2.
2. This application is filed under Section 401 of Criminal Procedure Code, 1973, challenging the judgment & order dated 11.01.2011 passed by the learned Sessions Judge, Goalpara in Criminal Appeal No.3/2007 upholding the judgment & order passed by learned S.D.J.M., Goalpara in G.R. Case No. 1047/2004, whereby the petitioner was convicted under Section 494 of the Indian Penal Code (hereinafter to be referred as “IPC”) and sentenced for 1 year Rigorous Imprisonment with fine of Rs. 3,000/- in default to undergo 6(six) months of Simple Imprisonment.
3. The brief facts of the case is that the respondent No.2 filed a complaint before the Chief Judicial Magistrate, Goalpara, alleging inter-alia that the petitioner/accused married one Smt. Arati Nath during the subsistence of her marriage with the petitioner/accused. Accordingly, the complaint was sent to the In-charge of jurisdictional Police Station for enquiry. Thereafter, the jurisdictional police
A marriage under Hindu law is invalid unless essential ceremonies are performed; mere evidence of a priest is insufficient to establish validity.
The main legal point established in the judgment is the requirement to prove the factum of the second marriage and its solemnization with essential ceremonies, as well as the validity of both marriag....
Prosecution must prove the essential ceremonies of a second marriage to establish bigamy under Section 494 IPC; mere admissions by the accused are insufficient for conviction.
The prosecution must prove the essential ceremonies of marriage to establish bigamy under IPC Sections 494 and 495.
The second marriage performed during the subsistence of the first marriage is void under Section 17 of the Hindu Marriage Act.
A valid marriage under the Hindu Marriage Act can be established without 'Saptapadi'; credible evidence proving a second marriage during the subsistence of the first valid marriage constitutes bigamy....
In order to prove the offence of bigamy under Section 494 of the Indian Penal Code, the prosecution must establish that the second marriage was solemnized in accordance with the law or custom applica....
Second marriage during the lifetime of a spouse is void under the Hindu Marriage Act; the Chakma community's customs do not exempt individuals from Indian Penal Code provisions against bigamy.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
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