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 marriages to establish the offence of bigamy under Section 494 IPC.

ORDER :

1. The present criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 23.08.2018 passed by learned Additional Sessions Judge No.1, Sri Ganganagar (hereinafter referred to as ‘revisional court’) in Cr. Revision No.116/2017, whereby, learned revisional court dismissed the revision petition filed by the petitioner against the order dated 02.02.2016 passed by the learned Additional Chief Judicial Magistrate, Sadulshahar, District Sri Ganganagar (hereinafter referred to as 'trial court') in Cr. Case No.81A/2016, whereby, learned trial court took cognizance against the petitioner for the offences under Sections 494 and 120-B IPC.

2. Brief facts of the case are that a complaint was filed by respondent No.2 – Monika @ Mohini on 16.01.2014 stating therein that on 04.04.2002 she got married to Dharamveer with Hindu rites and rituals. After marriage respondent No.2 went to her inlaw’s house at Kishanpura. Out of the said wedlock she gave birth to a daughter Shagun. Accused Dharamveer, Rameshwari Devi and their family members (in-laws) treated the respondent No.2 with cruelty for dowry and in the year 2011 she was thrown out of the house. After some time father of respondent No.2 came to know that accused Dharamveer got married to Vaishakha petitioner herein.

3. A complaint was filed before the trial court. After recording the statement of respondent No.2 under Section 200 Cr.P.C., the complaint under Section 202 Cr.P.C. was sent for investigation to the concerned Police Station, Sadulshehar. After investigation a report was submitted.

4. The trial court after taking into consideration the statements of witnesses and perusing the investigating report observed that prima facie it is established that accused Dharamveer got married to Viashakha and by the impugned order dated 02.02.2016 took cognizance against accused Dharamveer, Vaishakha and Hariram under Sections 494 & 120(B) I.P.C. and summons were issued.

5. Aggrieved against the said order dated 02.02.2016 passed by the trial court a criminal revision under Section 397 Cr.P.C. was filed by Vaishakha before the revisional court.

6. The revisional court by the impugned order dated 23.08.2018 dismissed the criminal revision.

7. Learned counsel for the petitioner would submit that the complainant has to prove that the second marriage has in fact taken place and the said factum of the second marriage has to be proved like any other fact with acceptable legal evidence. He contends that there is absolutely no evidence to prove the factum of the second marriage and also that the said second marriage was solemnized by observing all the essential ceremonies of a valid marriage. He then contends that the evidence recorded by the Presiding Officer is not valid evidence in proof of the factum of the second marriage or that the marriage was performed with essential ceremonies required to establish a valid marriage as required under Section 494 IPC to prove the offence of bigamy. He also contends that the contents of the complaint do not disclose as to when the marriage took place, where the marriage took place and in what form the said marriage took place and what are the essential ceremonies that were observed at the time of the alleged second marriage. He submits that there is no evidence at all in proof of the factum of the second marriage. Therefore, there is absolutely no legal evidence on record to establish that any offence punishable under Section 494 IPC was committed by the revision petitioner. So, there was no authenticated material before the trial court to take cognizance under Section 494 IPC against the accused petitioner. Hence the impugned order of the revisional court as well as the order of cognizance by the learned trial court are not sustainable.

8. Before adverting to the same, it is apt to consider Section 5 of the Hindu Marriage Act, which contains essential conditions of a Hindu marriage, Section 7 which deals with ceremoni