KULDEEP MATHUR
Bhanwar Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Mr. Kuldeep Mathur, J. - By way of filing the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has prayed for the following relief:
2. Drawing attention of the Court towards the complaint submitted by respondent No.2 against the present petitioner for the offences under Sections 498A, 406, 323, 494, 497 IPC and the statements of the complainant - respondent No.2 recorded under Section 200 Cr.P.C., learned counsel for the petitioner submitted that there is no allegation against the petitioner that he had solemnized a second marriage with one Raju Devi by performing essential religious ceremonies. Learned counsel submitted that as a matter of fact, the complainant - respondent No.2 in her statements re
The absence of evidence for a valid marriage ceremony negates allegations under Section 494 IPC.
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.
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....
Second Wife – Petitioner herein who is the second wife of the accused-cannot be prosecuted for the offence under Section 494 of Penal Code.
A second wife cannot be prosecuted under Section 494 IPC if she was unaware of her husband's prior marriage, as the law targets the erring spouse.
Muslim personnel cannot be prosecuted for the offence punishable under Section 494 of IPC in the context of Muslim marriage.
A valid marriage must be established to sustain charges under IPC Section 494; mere allegations without evidence do not justify criminal proceedings.
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