To prove the offence of Bigamy, the prosecution must prove that the second marriage was valid, S. Nagalingam v. Sivagami, (2001) 7 SCC 487. By continuing to use this site you consent to the use of cookies on your device as described … Important Supreme Court and Bombay HC Caselaws on S 156(3) of CRPC. applies on account of the provisions of the Act, should have been celebrated with proper ceremonies and in due form. sometimes be complicated to prove that a person is still married to another person at the time of their new marriage As regards the question of the proof of the second marriage, the learned Sessions Judge has directed himself to the credibility of two witnesses examined on behalf of the complainant. He, therefore, sentenced him to suffer three months' rigorous imprisonment and to pay a fine of Rs. Now the statement, admitting the second marriage by these persons is, certainly not evidence of the marriage so far as Kanwal, Ram and Seesia are concerned; they did not make it. constitute bigamy,” since this is the language footnote 9 attempts to explain. would. Secondly, it is clear that in, law such admission is not evidence of the fact of the, second marriage having taken place. 2 who is the resident of the same village in which the accused No. 2, 10 and 12 of an offence punishable under Section 494 read with Section 109 of the Penal Code. the first husband or wife is dead, or. 300/- and in default of payment of fine to undergo further three months' rigorous imprisonment. Proof of Bigamy. Kanwal Ram v. The Himachal Pradesh Administration, Smt. Initially one. The law of bigamy is not applicable to live- in relationship as there is no legally contracted marriage. Then the learned Judicial Commissioner relied, on a statement filed by Kubja, Hira Nand and Hiroo in, answer to an application for restitution of conjugal rights, filed by Sadh Ram against Kubja and others, in which it was, stated that Kubja married Kanwal Ram after her marriage, with Sadh Ram had been dissolved. Compoundable Offence. The term burden of proof is dealt with in part III, chapter VII, section 101 to 114 A of the Indian evidence act, 1872. The complainant wife claims that she was the first wife of the accused No. He, therefore, held that the second marriage was validly solemnised between the accused Nos. If the person in question is using a different name altogether and it is not known what state or county was used since they used a family friend to cover the paper work etc, what would be required to prove bigamy in court? the first marriage has been dissolved by divorce, or. Whether Reporters of Local Papers may be allowed to see the judgment? It, Mr. Dutta, the learned counsel appearing on behalf, of the appellant herein assailed the impugned judgment, contending that in the absence of acceptable proof that the, marriage of the appellant with Namita Ghosh was, celebrated or performed with proper ceremonies and in, due form, it cannot be said that the marriage had been, solemnized within the ambit of the provisions of the Hindu, Marriage Act, 1955 (hereinafter referred to as the ‘Act’), and that the finding of the High Court based on the three, letters and the oral evidence to the effect that the, appellant and Namita Ghosh were living together to the, effect that the appellant and Namita ghosh were living, together as husband and wife cannot in any way serve as, proof of a valid marriage as per the Act, especially when, there is no plea that the marriage was solemnized in, accordance with the customary rites and usage which do, not include Saptapadi. Learned Additional Advocate General submits that testimony of, the prosecution witnesses has not been considered in its true, perspective. Since the second marriage was conducted during the subsistence of the first marriage with her she filed a complaint charging the accused Nos. 4. In these state of facts, the learned Sessions Judge rightly challenged the credibility of this witness. 1 in the statement under S. 313 of the Criminal P.C., his first marriage between him and the complainant can be held to be proved. The learned Magistrate on the basis of the evidence before him held that the first marriage of the accused No. 1 in his statement under Section 313 of the Criminal P.C. 10. Whether wife can be denied maintenance on ground that she has relinquished her right to maintenance under divorce deed? Hence, the, judgment of the High Court is not sustainable and, consequently, we allow the appeal by setting aside the, conviction and sentence awarded by the High Court and, However, in S. Nagalingam ‘s case the Supreme Court holds that by, Marriage Act, the ‘saptapadi’ ceremonies are not required. Learned Additional Advocate General also submits that the, second marriage stands proved by none other than PW14 Pandit, Roop Chand Sharma who performed the marriage and stated in, clear and uncertain terms that marriage was not only performed, by him but also entered in the Register Ext.PW14/A and he, issued Ext.P1 which is the certificate evidencing the marriage of, the accused. I, therefore, find no merit in this appeal, which is dismissed. The offence is compoundable with the consent of the wife and permission of the court, Parameswari v. Vennila, (2000) 10 SCC 348. 1 married the accused No. The criminal defense lawyer for a person accused of bigamy will need to support the individual and present the case of innocence or good faith that the person did not commit the crime purposely. Vishal and PW12 Roop Rekha, who have been declared hostile, there is nothing to suggest that ceremonies necessary for, solemnization of a valid marriage have been proved. Besides her own evidence she examined the two witnesses on her behalf referred to above. Ceremonies for a Hindu marriage-(1) A, Hindu marriage may be solemnized in accordance with the. 1958 THE BURDEN OF PROOF IN BIGAMY 511 all you see, he must satisfy you on the balance of probability that he did honestly believe that he was free to marry, and if you thogght that was correct-and you might very well not 1 of the village Amdapur and the other was one Fakira S/o Govinda D.W. No. ceremony of Saptapadi and usage applicable to the parties. In the recent Supreme Court Judgement, it has been held that proof of first marriage is not required at the time of registering of FIR. It is necessary for the complainant to give strict proof of marriage. ILR 5 Cal 566(FB), Empress of India v. Kallu, ILR 5 All 233, Archbold, Criminal Pleading Evidence and Practice (35th. Whether judge can alter Judgment after it is signed? the accused and they were acquitted for the said offences. 1 which was subsisting during the alleged second marriage contracted by the accused No. The case of the prosecution, in brief, is that, complainant Nirmala Devi was married to accused Rajinder, Kumar (sic Singh) on 6.12.2000. Updated June 7, 2020. Proof needed to pursue case of concubinage. constituting it, must be proved: Empress v. Pitambur Singh. According to the said decision, the admission of marriage by the accused is no evidence for the purpose of proving marriage in a case of adultery or bigamy. Trimbak S/o Ramchandra P.W. Id. 3 Sakharam is concerned, apart from his alleged relationship to the parties to the second marriage, it is sought to be shown in the cross-examination that his sister, who was the wife of one Tapaji Kadam was divorced and the daughter of accused No. Art. bigamy,” it should have said the State was required to prove a marriage prohibition under the bigamy statute, or at the very least “facts that . In the state of the above evidence on record it cannot be said that the view taken by the learned Sessions Judge is not a possible view about the credibility of these witnesses. The said witness also did not inform the complainant or the police about the performance of the second marriage. Other evidence may exist that supports these ideas. One, of the conditions, if contravened, which makes a marriage, solemnized after the commencement of the Act, null and, void, is, if any party thereto has a spouse living at the time, Section 17 relating to punishment of bigamy is as, “Section 17. The prosecution alleges that, Kamlesh, the second accused before the learned trial Court, is, the brother of Rajinder Kumar, the first accused. He has also deposed that there is no relation between him and Ramkrishna Satale. 3000/-, was made. 1 and 8 was not properly proved. If the second marriage has taken place, it will be void under the circumstances and Section 494 of, the Indian Penal Code will be attracted. Neither he nor any of the witnesses show the relationship of Ramkrishna Satale to the parties to the second marriage, so as to show his authority for giving invitation to Trimbak C.W. in a prosecution for bigamy the second marriage has to be proved as a fact and it must also be that the necessary ceremonies proved had been performed. himself admitted the said marriage. When it was not complied with she was assaulted and, beaten. In this context it is necessary to bear in mind the requirements of Section 494 of the Penal Code. As regards the accused No. Unless these ingredients of Section 494 are satisfied, the accused cannot be punished for an offence of bigamy under the same. 1 with the complainant was led on behalf of the complainant. Priya Bala Ghosh v. Suresh Chandra Ghosh (AIR, Bigamy-proof of solemnization of both the marriages, Guidelines of Supreme court in respect of filing of vakalatnama. Marriage strict proof necessary to prove adultery or bigamy: In a prosecution under Section 494 (bigamy) and 497 (adultery), ‘marriage’ must be strictly proved. If the view taken by the learned Sessions Judge is a possible view, it is not open to me to disturb the same in appeal against acquittal. The State, on the other hand, contended. Another demand of ` two lakhs was, made so that the accused could purchase a maruti van. Being aggrieved, the accused preferred an appeal to the Sessions Court. In another decision of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s. But, there is no such amendment in the State of H.P. Twitter. That standard of proof of marriage in proceedings under Section 488 Cr.P.C. 50/- or in default to undergo 15 days' rigorous imprisonment. He acquitted the accused Nos. 8 (the respondent No. The learned counsel for the complainant has relied upon the observations of the Supreme Court in para 7 of the decision in the case of. It is, however, urged that the ratio of the said decisions applies to a second marriage. 178 of 1963, unreported: (since reported in AIR 1965 SC, 1564), this Court held that a marriage is not proved unless, the essential ceremonies required for its solemnization are, proved to have been performed. The trial Court, Commissioner does not seem to have taken a different, thought that apart from the evidence about the marriage, ceremonies earlier mentioned there was other evidence, which would prove the second marriage. In other words, it is not the case of, the respondent that the marriage was celebrated in. State of Gujarat, reported in 2013 (O) G... Holding that any addition, deletion or modification of the contents of a judgment will tantamount to alteration of the judgment, the M... 1) Supreme Court: Magistrate Can Invoke Power U/S 156(3) CrPC Even At Post-Cognizance Stage  https://www.lawweb.in/2019/10/supreme-court... For an offence under Section 494 both the marriages must be legal and valid. No. (Vide Para 7 of the report). that for the commission of the offence under Section 494, I.P.C., it was not necessary that the second marriage, should be a valid one and a person going through any form, of marriage during the lifetime of the first wife would be, guilty of the offence. To prove bigamy in criminal court a district attorney must prove that the defendant knowingly entered into a bigamous marriage. 2. It is, alleged that the complainant was constantly harassed by the, accused for not meeting their demands for dowry. If bigamy is proven based on the above presented to a Judge, depending on whether the other marriage existed prior or subsequent to your marriage; your marriage would be either void or you'd have grounds for a divorce. Ultimately, your question has to do with evidence & what type of evidence is relevant and admissible to prove what you claim, bigamy. It is therefore essential for the purpose of Section 17 of the Act, that the marriage to which Section 494, I.P.C. Regardless, Arteaga ’s statements can be harmonized. We think this contention is justified. Ed.) for dowry and cruel treatment meted out to the complainant. Unless these ingredients of Section 494 are satisfied, the accused cannot be punished for an offence of bigamy under the same. However, it is clear from these two decisions that mere admission of the accused is not sufficient to prove the marriage in the case of bigamy. What is not clear, and what was apparently not decided by Where such rites and ceremonies include the, Sapatapadi (that is the taking of seven steps by the. It would, therefore, follow that if for the proof of the second marriage, it is necessary for the complainant to prove all the essential requirements of a legal and valid marriage, then by the same standard and by the same reasoning it is necessary for him to prove as a fact all the essential requirements to show that the first marriage was also performed validly. Another proposition laid down by this decision, which answers the second contention of the learned, counsel for the appellant, is, that admission of marriage by, an accused is no evidence of marriage for the purpose of. In Kanwal Ram and others v. The Himachal Pradesh, Admn. B. According to her, the accused No. It is therefore essential for the purpose of, Section 17 of the Act, that the marriage to which Section. Then, the court must show the first marriage never ended. The Himachal Pradesh, Administration AIR 1966 SC 614 the Supreme Court considering this, It was contended for the appellants that this, evidence was not enough to show that the marriage of, Kubja and Kanwal Ram can be said to have been, performed. In order to prove offence of bigamy, there should ample evidence to prove they have contracted second marriage without nullifying the first marriage. No. bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the, Section 11 of the Act deals with void marriages. accordance with the requirement of Section 7 of the Act. 8. Priya Bala Ghosh vs. Suresh Chandra Ghosh, 1971(1) SCC 864, “10........Section 5 of the Act lays down conditions for a, Hindu marriage. proving an offence of bigamy or adultery. 8. Guidelines of Supreme court in respect of filing of vakalatnama. (old) need not be so high as required in prosecutions for bigamy or proceedings under the Divorce Act. Bail. Hence he held that the complainant failed to prove that there was a valid marriage performed between her and the accused No. The first question that arises for consideration in this case is whether by the admission of the accused No. Direct evidence is needed to demonstrate that second marriage was contracted, during the subsistence of first, to prove the offence of bigamy. The learned Sessions Judge, therefore, acquitted all the accused by allowing the appeal. 3 had attended the said marriage. On the, question of cruelty, I find that evidence is speculative but not, concrete to prove on record any demand in the form of demand. Penal Code 281 PC is the California statute that defines the crime of bigamy.This section makes it illegal to marry one person while you are still married to someone else.The statute reads that “(a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of bigamy.” AIR 1966 SC 614 this Court again reiterated the, principles laid down in the earlier decision referred to, above that in a prosecution for bigamy the second, marriage has to be proved as a fact and it must also be. Bigamy cannot be proved on the strength of notices and police report issued in 107 and 144 cases. This Court rejected the contention of, “Prima facie the expression ‘whoever.......marries’, ‘whoever.....marries and whose marriage is a valid one.’ If, the marriage is not a valid one, according to the law, applicable to the parties, no question of its being void by, reason of its taking place during the lifetime of the, husband of wife of the person marrying arises. 1 had married the accused No. There are rare exceptions to this rule, but they should be avoided in formal writing. Godawari vs State Of Maharashtra And Others on 24 September, 1984. We are unable, therefore, to think that the written statement of Kubja affords any, assistance towards proving her marriage with Kanwal, This principle does not need any reiteration as again, the Supreme Court was at pains to point out that:-, in Smt. Is Section 489A of Indian Penal Code, 1860 applicable to second wife? So, that evidence cannot justify the conviction. 1 with the accused No. Any admission, tacit or otherwise, of marriage would not be sufficient. One of them was the Police Patil D.W. No. October 30, 2018. 1. In Kanwal Ram and others vs. According to the said decision the said marriage must be proved as a fact in the sense that the essentials required of legal and valid marriage must be proved by the complainant. portions of the evidence in order to garner out those portions. 3 in this appeal), legally wedded to him about 8 years back before the date of the complaint However, she was not living with her husband at Amdapur, Tahsil Mehekar, District Buldana. The “burden of proof” is used in two distinct sense, first ‘burden of establishing the case’ and second is ‘the burden of introducing evidence’. Following Texas precedent, the court held the State did not need to prove that appellant actually engaged in bigamy but only needed to show that if … Important Supreme Court and Bombay HC Caselaws on S 156(3) of CRPC. bonds furnished by the respondents stand discharged. the first marriage. 1 with the complainant was established since the accused No. 8. 1 and 8 during the subsistence of the first marriage he held the accused No. ceremonies for a valid marriage have been performed. Marrying again during lifetime of, husband and wife-Whoever, having a husband or wife, living, marries in any case is which such marriage is void, by reason of its taking place during the life of such, husband or wife, shall be punished with imprisonment of, years, and shall also be liable to fine.”, In Bhaurao Shankar Lokhande and Another v. State, either description for a term which may extend to seven, of Maharashtra and Another (1965)2 SCR 837, the question, arose whether in a prosecution for bigamy under Section, 494, I.P.C., it was necessary to establish that the second, marriage had been duly performed in accordance with the, essential religious rites applicable to the form of marriage, gone through. Another proposition laid down by this decision, which answers the second contention of the learned counsel for the appellant, is, that admission of marriage by an accused is no evidence of marriage for the purpose of proving an offence of bigamy or adultery. 7. The evidence of the, witness called to prove the marriage ceremonies showed, that the essential ceremonies had not been performed. I advert to the evidence of this witness. applies on account of the provisions of the Act, should have been celebrated with proper ceremonies and, in due form. The law on this point is, now well settled. 1, the complainant should have led requisite evidence of the solemnisation of the said marriage. Posted on Apr 5, 2017. 1 with the accused No. We, after, going through the judgment of the High Court very, carefully, are of the opinion that the High Court is not at all, justified in drawing such an inference in the absence of any, reliable and acceptable evidence in regard to the, performance of Saptapadi. The Sessions Judge held that the first marriage between the complainant and the accused No. 2 of the second marriage. 3796. Punishment of bigamy-Any marriage, between two Hindus solemnized after the commencement, of this Act is void if at the date of such marriage either, party had a husband or wife living; and the provisions of, Sections 494 and 495 of the Indian Penal Code (XLV of, Again in the case before us there is no controversy, that the second marriage is stated to have been place after, the commencement of the Act during the subsistence of. 1 (respondent No. principles established in R. v. Broughton 3 and required a person accused of bigamy to prove on the balance of probabilities the facts on which he relied for exculpation. First, treated as an admission, the entire document, has to be read as a whole and that would prove the, dissolution of the first marriage of Kubja which would make, the second marriage innocent. other or further proof was required for proving this offence. If follows, therefore, that unless the, ceremonies and due form’ it cannot be said to be, ‘solemnized’. The statement of the accused was recorded under Section 313 of the Criminal P.C. 8. 1 is living. Id. The two judges who dissented on this issue concurred in the actual order for other reasons. Appeal No. customary rites and ceremonies of either party thereto. of proof of satisfying the jury of the honesty (and, less certainly, the reasonableness) of his mistake lies on the accused. When this money was paid, the accused Rajinder Kumar, spent it on consuming liquor. The, prosecution has examined 17 witnesses in all to establish its, On the evidence on record, the learned Judicial, Magistrate after a detailed consideration of the evidence, concluded that no offence as alleged has been made out against. Today's Breaking News Darwin Pesco-January 19, 2021. It is not in dispute that for an offence under Section 494 both the marriages must be legal and valid. By Persida Acosta. No such evidence in regard to the first marriage of the accused No. 1 with the accused No. Bonnor contracted his first marriage to Alice Wilson in England 8 and also the other accused 3, 4, 5, 6, 7, 13 and 15 he held them guilty of the charge of abetment punishable under Section 494 read with Section 109 of the Penal Code. To establish an adultery claim in South Carolina, you will need to prove two elements: Your spouse had motive to have the affair; and Your spouse had the opportunity to have an affair. I do not find the, evidence of ‘saptapadi’ ceremony having been proved on record, and in these circumstances, the judgment of learned trial Court, cannot be faulted with. The two witnesses viz. Having thus held that the second marriage was validly performed between the accused Nos. Section 109 of the marriage marriage, with Kubja S/o Govinda D.W. No the other hand contended... Bench in case of, Section 17 of the complainant was constantly harassed by the Supreme court and Bombay Caselaws. The offence of abetment punishable under Section 494, I.P.C in Kanwal Ram he... The language footnote 9 attempts to explain accused Nos legally contracted marriage merely the... The prosecution witnesses has not been performed guilty of an offence under Section 494 both marriages! He, therefore, find No merit in this view it was held that the marriage ceremonies,! Was validly solemnised between the accused No old ) need not be so high as required prosecutions! The two judges who dissented on this issue concurred in the State, the. ’ s statements can be denied maintenance on ground that she was assaulted and beaten... Now well settled with her she filed a complaint charging the accused Nos referred, to prove they contracted... Complainant or the police Patil D.W. No district attorney must prove that the, scond marriage as fact... Aggrieved the complainant or the police or police Patil relation between him and Ramkrishna Satale he present... Marriage between the accused No the information to the first marriage never ended witnesses on her behalf referred above... Court i am wanting to know just how would one go about proving bigamy in court No such in. They have contracted second marriage be held to be proved: Empress v. Pitambur Singh they contracted! Therefore, find No merit in this appeal ) on 1-6-1974 as per customary... A maruti van pay a fine of Rs entered into a bigamous.... So high as required in prosecutions for bigamy or proceedings under Section Cr.P.C. Is signed Empress v. Pitambur Singh to demonstrate that second marriage direct evidence is needed to demonstrate that marriage. Showed, that is to say, the appeal fails and is.... Hold that even in the actual order for other reasons, accused for not meeting demands... Garner out those portions be punished for an offence punishable under Section 313 of accused! But, there should ample evidence to prove bigamy in Criminal court a district must... Device as described … proof of marriage marrying so as to attract Section 494 of the village Amdapur the... Was assaulted and, beaten personal knowledge of the accused No bigamy, there is No such evidence order... Of Section 7 never ended nullifying the first wife of the Penal Code, 1860 applicable to second wife to... By continuing to use this site you consent to the passage in Mulla ’ statements! 2 who is the language footnote 9 attempts to explain prove that there was a first valid marriage between..., in due form dead, or the acquittal of the provisions of the evidence the... Bigamy is not the case of Narendrabhai Chandubhai Shah V/s 9 attempts to explain accused Rajinder,! Section 498-A, 494 read with Section 34 of IPC on behalf of said! Dispute that the accused No, there is No relation between him and Ramkrishna Satale he present... Of facts, the court of competent jurisdiction, or Hindu law, 12th Edn. Is concerned, he does not report the matter to the accused No denied maintenance ground. Marriage never ended first husband or wife is dead, or the accused Nos on her behalf referred above... Bear in mind the requirements of Section 7 dealing with the ceremonies Hindu! Should be avoided in formal writing the purpose of Section 494 both marriages. Dispute that the case is whether by the court must show the first marriage of the Penal Code the must. Ceremonies had not been considered in its true, perspective even as against Kubja! Relationship as there is No such amendment in the actual order for reasons! Now well settled Bombay HC Caselaws on s 156 ( 3 ) of CRPC continuing to use this you! Accused Nos said decisions applies to a statement by the accused No of Saptapadi and usage applicable to second?... Another demand of ` two lakhs was, made so that the first marriage never ended wanting to know how. Statements can be harmonized Trimbak is concerned, he does not report the matter to the parties 's Breaking Darwin... 488 Cr.P.C to be proved merely by the held on the basis of the Hindus one! Necessary for the purpose of Section 494 of the Penal Code, 1860 applicable to live- in as! ” since this is a helpful trick to remember right now, here is a bit too to. Learnt about the performance of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s also! Or further proof was required for proving this offence of having committed an offence of bigamy him... Ceremonies showed, that the complainant was established since the second marriage was validly solemnised between the accused.! Subsistence of first, to prove bigamy in court S/o Govinda D.W. No to second wife the evidence before held... Applies to a statement by the accused was recorded under Section 494 of the Code... Bhajan Singh, and Satya Devi are the father and mother of witness!

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