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Showing posts with label bigamy. Show all posts
Showing posts with label bigamy. Show all posts
Sunday, 13 February 2022

Supreme Court: Family Court's Finding Regarding Previous Marriage Can Be Relied On To Quash Complaint About Bigamy U/S 494/495 IPC

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 Evidence was adduced before the Family Court. The second respondent deposed before the Family Court.  The Principal Judge of the Family Cou...
Sunday, 22 April 2018

Whether accused can be convicted for bigamy if he has admitted performance of second marriage?

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As far as conviction and sentenced of the appellant under Section­ 494 of the Indian Penal Code is concerned, there is no evidence on r...
Sunday, 11 June 2017

Whether it can be presumed that Muslim man had no wife other than whose name is mentioned in service book?

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 The substantial question of law that arises for consideration in this Regular Second Appeal is,  whether a legal or reasonable presump...
Wednesday, 24 May 2017

Whether complaint for offence of bigamy can be filed by second wife?

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Having noticed the agony, trauma etc. which would be suffered by the woman with whom second marriage is performed, if the marriage is d...
Saturday, 13 February 2016

Whether second wife in bigamous marriage can claim pension in case of death of her husband?

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 It was argued by the learned counsel for the respondent that a second wife was deceived by deceased husband and she begotten a daughte...
Saturday, 28 November 2015

Whether performing second marriage during existence of first marriage without permission of govt amounts to misconduct by public servant?

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 Rule 21 of the Central Civil Services (Conduct) Rules, 1964 restrains any government servant having a living spouse from entering into...
Wednesday, 11 March 2015

What is distinction between proof of marriage and validity of marriage?

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I am unable to agree with the contention of learned counsel for the appellants. There is a distinction between proof of marriage and ...
Friday, 6 March 2015

Whether any citizen can be prosecuted for offence of bigamy irrespective of his/her personal law?

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  Kerala High Court:   On a petition filed by a public spirited person before this Court challenging that the provisions of Section 494 IP...
Thursday, 31 July 2014

Whether hindu husband performing second marriage after embracing Islam will attract offence of Bigamy?

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We also agree with the law laid down by Chagla, J. in Robasa Khanum V. Khodadad Irani case wherein the learned Judge has held that the condu...
Wednesday, 4 June 2014

Whether married man performing second marriage by suppressing first marriage is liable for prosecution?

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 Section 495 IPC provides that if a person committing the offence defined in Section 494 IPC conceals from the person with whom subs...
Sunday, 27 October 2013

A victim of bigamous marriage is entitled to maintenance, rules Supreme Court

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Is a victim of bigamous marriage entitled to maintenance? The Supreme Court has answered the question in the affirmative by holding th...
Saturday, 7 September 2013

Whether Hindu marriage will be valid even though ritual of "Saptapadi" is not carried out?

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Under such circumstances, the provisions of Section 7, namely, the State Amendment inserted in the Statute are applicable and there was...
Saturday, 15 June 2013

Whether court can direct police to register offence of bigamy punishable U/S 494 of CPC?

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 In so far as present case is concerned, it is not in dispute that Section 494 of I.P.C. is a non-cognizable offence and, therefore, in vi...
Wednesday, 4 April 2012

What are necessary conditions for proof of offence of bigamy?

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For an offence under Section 494 both the marriages must be legal and valid. Unless these ingredients of Section 494 are satisfied, the a...
Monday, 27 February 2012

Whether complaint for offence of bigamy u/s 494 of IPC can be filed by second wife?

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This Court finds that the High Court has quashed the proceedings pending before the learned Magistrate under Section 498A of IPC on th...