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bigamy
Second wife who was single at the time of marriage cannot be prosecuted for bigamy under S. 494 IPC: Chhattisgarh HC
“A person who is single marrying another whose marriage is subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable.”
Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife
Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
SC sentences couple to 6-month simple imprisonment; calls ‘Imprisonment till rising of Court’ a flea-bite sentence for a serious offence of Bigamy
“The deserved punishment proportionate to the gravity of the offence is a continuous and continuing demand based on civic sense and unfailing in categories of serious offences where more than individual interest is also involved, the above rule of proportionality in providing punishment should not failed as otherwise it will impact the society.”
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Man and woman living together does not constitute bigamy without proof of second marriage: Rajasthan High Court
Even if it is presumed that the petitioner has performed Nata marriage, then also there is no proof that the same was done by following the marriage ceremonies required by the personal law governing the parties or by following the essential ceremonies for a Nata marriage.
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Allahabad High Court quashes criminal proceeding against wife accused of Bigamy due to lack of ingredients to constitute S. 494 IPC offence
“The Court set aside the impugned summoning order and the criminal proceedings against the wife under Section 494 IPC. However, the Court did not quash the criminal proceedings initiated against the wife under Sections 504, 506 IPC.”
Delhi High Court| Inability of one spouse to prove ‘saptapadi’ ritual in second marriage at summon stage not a loophole to evade bigamy charges
The law cannot be powerless to stop, punish or limit clandestine marriages and unions when the first wife or husband are alive and the valid marriage subsists, as now a spouse performing a second clandestine marriage would not also be liable to punishment for adultery as it is no more an offence.
‘Married man living a lustful and adulterous life with unmarried woman, may constitute bigamy’; Punjab and Haryana High Court refuses relief to live-in couple
Punjab and Haryana High Court regarded the instant petition as a scheme to get away from criminal prosecution, just to obliquely obtain the seal of this Court on their conduct.
Can initiation of proceedings by wife for vindication of her rights considered to be mental cruelty? Madras High Court answers
When the husband had left the matrimonial home and he is residing away and there is an allegation of second marriage on the husband, the wife cannot be blamed for not taking steps to restore the conjugal rights
Can a wife be entitled to maintenance under S.125 CrPC if marriage is invalid? Madras HC answers
Madras High Court said that concerning the present economic scenario and the status of the parties, the fixation of the monthly maintenance at Rs. 10,000/- for the wife and daughter is very much reasonable and the same cannot be said to be excessive.
Supreme Court grants anticipatory bail to a woman accused of Bigamy
The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.
Allahabad High Court | Muslim wife cannot be compelled by Court to live with her husband against her wishes while second marriage of the husband subsists
Allahabad High Court: In an appeal filed under Section 19 of the Family Courts Act, 1984 for setting aside the
High Court Roundup: August 2022| Revisiting the top stories on Bigamy, POCSO, Cruelty, Deceased’s Right to dignity, Non-payment of GST, & more
The High Court Roundup brings a curated list of the top stories of the month to ensure readers do not miss any
Family Courts cannot restrain a Muslim man from pronouncing talaq or entering into second marriage as per personal law: Kerala High Court
Kerala High Court: In a case relating to talaq as per Muslim personal law and bigamy, A. Muhamed Mustaque, J.
Himachal Pradesh High Court | Second Wife entitled to family pension only when personal law of deceased employee allows Bigamy
Himachal Pradesh High Court: In a petition related to family pension, Jyotsna Rewal Dua, J has held that the second
Whether offence of bigamy is a continuing offence or the proceedings instituted for offence punishable for bigamy under S. 494 CrPC can be obliterated on the ground of delay? Kar HC answers
Karnataka High Court: M. Nagaprasanna, J. allowed the petition in part and remarked the protagonists in the quadrangle to resolve the issue
Telangana HC | In what conditions a complaint of bigamy filed by wife is maintainable when another complaint under S. 498-A IPC is already pending? Court discusses
Telangana High Court: K. Lakshman, J., refused to quash a subsequent complaint filed by the wife against her husband (and others), where
AFT | Failure to issue speaking order regarding condonation of 6 months deficiency for pensionary benefits; Tribunal imposes a cost of Rs 50,000 for non-compliance of its order
Armed Forces Tribunal (AFT): The Division Bench of Justice Devi Prasad Singh (Chairperson) and Air Marshal BBP Sinha, Member (A) heard the