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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice SATHI KUMAR SUKUMARA KURUP
Amutha – Appellant
Versus
Mani @ Bakthavachalam – Respondent
JUDGMENT :
This Criminal Appeal had been filed against the order of acquittal dated 06.01.2016 made in C.A. No. 105 of 2015 on the file of the learned III Additional District and Sessions Judge, Salem reversing the judgment dated 29.06.2015 made in C.C. No. 2 of 2014 on the file of the learned Judicial Magistrate, Additional Mahila Court, Salem.
2. The brief facts, which are necessary for the disposal of this Criminal Appeal, are given below:
2.1. The marriage between the Appellant and the first Respondent was solemnised on 01.11.1992. In the course of the matrimonial life, the Appellant delivered a female child. After the birth of the female child, the first Respondent and his mother driven the Appellant out of the matrimonial home when their demand for payment of Rs.10,000/- as dowry was not met by her. Subsequently, there was a settlement talk made by elders of both the families and the Appellant was united with first Respondent in the matrimonial home, after paying the amount demanded by the first Respondent. After a year therefrom, once again, the first Respondent driven the Appellant out of the matrimonial home. It is alleged that after driving out the Appellant from the matrimo
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....
The prosecution must prove the essential ceremonies of marriage to establish bigamy under IPC Sections 494 and 495.
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.
A marriage under Hindu law is invalid unless essential ceremonies are performed; mere evidence of a priest is insufficient to establish validity.
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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