In the case of the husband, only the husband, except where he is serving in the Armed Forces and cannot get leave to file the complaint. On the other hand, the learned Counsel for the respondents argued that by Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, the offences under Sections 494 and 495 have been made cognizable in the State of Andhra Pradesh, and therefore the respondent No. Section 494 is intended to achieve laudable object of monogamy. This Court does not find any substance in the above mentioned argument of the learned Counsel for the appellant. Marrying again during lifetime of husband or wife.- The husband can file a case of defamation under Section 500 of the Indian Panel Code. In post vedic India a King could take and generally Reportable, used to have more than one wife. Section 4, of Hindu Marriage Act nullifies and supersedes such practice all over India among the Hindus. NOT allowed. Damage recovery case under Sec 9 of CPC: A suit can lie against the wife who lies of being … interfere with the same would amount to allow illegality to be perpetuated. The expression "aggrieved person" denotes an elastic and an elusive concept. Important Supreme Court and Bombay HC Caselaws on S 156(3) of CRPC. The legislative intent is clear from the fact that it is not only the husband but also his relations, money in relation to marriages. It would be appropriate to construe the expression "husband" to cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the, any manner or for any of the purposes Reportable. Complaint for cheating can be filed under section 415 of IPC. The father of an aggrieved wife can also make a complaint under section 494/495 … Where to file complaint under Bigamy law-section 494? Similarly, against the entries relating to Section 495 in column 4, for the word "Ditto" the word "Cognizable" and in column 5 for the word "Ditto", the word "Non-bailable" were substituted. 2 is not an aggrieved person so far as commission of offences punishable under Sections 494 and 495 IPC is concerned, has no substance and cannot be accepted. In August 2009, the Law Commission of India  recommended that  bigamy should be made  a cognizable offence. It is a non-cognizable offence. Having noticed the agony, trauma etc. Such hairsplitting, money. If such, restricted meaning is given, it would not further the legislative intent. The Investigating Officer, investigated the FIR lodged by the respondent no. would look down upon her and she would be left in lurch by one and all. In Chandrakant Patil Vs. State (1998) 3SCC 38, even in absence of an appeal by Government specifically for that purpose and in absence of revisional power as is available to High Court and Sessions Court, under Criminal Procedure Code, this Court held that the Supreme Court has power under Article 142 read with Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 to enhance the sentence for doing complete justice in the matter that in Reportable, the circumstances of the case appeared to it, to be too inadequate. 7. the first marriage has been declared void by the Court of competent jurisdiction, or, the first marriage has been dissolved by divorce, or. If a complaint for the offence under Section 494 of IPC is lodged along with other cognizable offences before the police and if the police files a charge-sheet, the Court can take cognizance of the offence under Section 494 of IPC also along with other cognizable offences by virtue of Section 155(4) of Cr.P.C. Registration of Marriage compulsory? Section 494 does not restrict right of filing complaint to the first wife and Reportable. The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC). 5. Section 494 in The Indian Penal Code 494. consideration and assent of the President. Even otherwise, as explained earlier, she suffers several legal wrongs and/or legal injuries when second marriage is treated as a nullity by the husband arbitrarily, without recourse to the Court or where declaration sought is granted by a competent Court. This object can be achieved only by expanding the meaning of the phrase "aggrieved person". – by reason of its taking place during the life of husband or wife. When a law, such as Section 11 of Hindu Marriage Act, 1955 declares that a second marriage by a husband, who has living wife, with another woman is void, for breach of Section 5 (i) of the said Act, it brings/attaches several legal disabilities to the woman with whom second marriage is performed. In short, the result of obtaining the assent of the President to a State Act which is inconsistent with a previous Union Law relating to a concurrent subject would be that the State Act will prevail in that State and overrule the provisions of the Central Act, in that State. District and not on the basis of complaint made by the aggrieved person within the meaning of Section 198 of the Code. It was argued by the learned Counsel for the appellant that quashing of proceedings with reference to offence punishable under Section 498A of Indian Penal Code is neither challenged by the State Government nor by the original complainant before this Court and the same having attained finality, the same cannot be disturbed in an appeal filed by the husband appellant in which grievance is made regarding non-grant of relief in full by the High Court. Sadanatham (1979) 2 SCC 297 and P.S.R. Essential ceremonies of the marriage were gone into or not is a matter of trial,” a bench of Justices D K Jain and C K Prasad said in a judgement. It cannot be confined within the bounds of a rigid, exact and comprehensive definition. In view of the above settled legal position, this Court has no doubt that the amendment made in the First Schedule to the Code of Criminal Procedure, 1973 by the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, shall prevail in the State of Andhra Reportable, Pradesh, notwithstanding the fact that in the Criminal Procedure Code, 1973 offences under Section 494 and 495 are treated as cognizable offences. 2426 of 2005 in the High Court for quashing the proceedings in the Criminal Case pending before the learned Magistrate. Therefore, the wife with whom the subsequent marriage is contracted after concealment of former marriage, would also be entitled to lodge complaint for commission of offence punishable under Section 495 IPC. Bigamy is both an offence against Marriage ( Per HMA ) as well as a Penal Offence ( under IPC ). Section 16 of the Marriage Act deals with legitimacy of children, of void and voidable marriages. It is a bailable offence Who can file a complaint received his assent, prevail in that State. (Crl.) So, AFTER 1956, second marriages could be considered illegal. – marries ,but  such marriage is void, This penal provision will not apply if the offender is a member of the Schedule Tribes. 2 is that the appellant had collected total amount of Rs.28,000/- from her father towards hand loan on the false plea that he was constructing his own house at Borabanda and the appellant further demanded a sum of Rs.20,000/- from her father and when her father expressed inability to pay the amount, the appellant threatened the complainant and her father with dire consequences by showing his licensed revolver. Clause (2) provides for curing of repugnancy which would otherwise invalidate a State law which is inconsistent with a Central law or an existing law. 2 who is claiming to be second wife of the appellant herein and that too to the police and not in the Court, the proceedings initiated for alleged commission of those offences should have been quashed. As per  Hindu code, only the first wife is a legal heir of the husband while the second wife is NOT entitled to any share in the ancestral estate and, if the husband has died without leaving a will, even in his self-acquired property. Having so concluded the Division Bench proceeded to quote part of the Judgment in Mavuri Rani Reportable. The record does not indicate as to why Criminal Petition No. Before :- J.M. (for avidence or for 494 or for section 11 etc.. For variety of reasons the first wife may not choose to file complaint against her husband e.g. The learned Single Judge of the High Court could not have afforded to ignore the law declared by this Court in Reema Aggarwal (Supra) while considering the question whether proceedings initiated by the respondent no. Change ), You are commenting using your Twitter account. 2 for alleged commission of offence by the Reportable. contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as "husband" is no ground to exclude them from the purview of Section 304B or 498A IPC, viewed in the context of the very object and aim of the legislations introducing those provisions." 17. The person aggrieved ( which is the Legally Wed person – the first “husband” or “wife” ) can file a case of bigamy either in court or at the police station. The judgment of the High Court quashing the proceedings initiated by the learned Magistrate for commission of offence punishable under Section 498A is tainted with serious legal infirmities and is founded on a legal construction which is wrong. —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 (45 of 1860), shall apply accordingly. Having regard to the scope, purpose, context and object of enacting Section 494 IPC and also the prevailing practices in the society sought to be curbed by Section 494 IPC, there is no manner of doubt that the complainant should be an aggrieved person.