who can file complaint under section 494 ipc

Once First Schedule to the Code of Criminal Procedure, 1973 stands amended and offences punishable under Sections 494 and 495 IPC are made cognizable offences, those offences will have to be regarded as cognizable offences for all purposes of the Code of Criminal Procedure, 1973 including for the Reportable, purpose of Section 198 of the Criminal Procedure Code. The High Court further concluded that taking cognizance of the offences punishable under Sections 417, 420, 494 and 495 IPC was in accordance with law, but the victim i.e. The members of the cruel society including her kith and kin like parents, brother, sister etc. there is no reason to read the said Section in a restricted manner as is suggested by the learned Counsel for the appellant. If a law passes a test of Clause (2), it will make Clause (1) inapplicable to it. Who can file complaint? While negativating the said contention this Court has firmly ruled that powers of the Supreme Court in appeals filed under Article 136 of the Constitution are not restricted by the appellate provisions enumerated under the Code of Criminal Procedure or any other statute. Validity of a Divorce granted by a Foreign Court, Follow A Question Of Law- Law for Indian Matters on WordPress.com. and Anr. The record does not indicate as to why Criminal Petition No. 2 for commission of offence punishable under Section 498A Reportable, of IPC should be quashed or not. appellant under Section 498A IPC, is hereby set aside and the complaint lodged by the respondent no. Change ), You are commenting using your Google account. What is Punishment under the Act? The contention that the respondent no. In the said case it was contended that the Supreme Court has no power to enhance sentence in the absence of an appeal by the Government presented specifically for that purpose more so because Supreme Court has no revisional powers which the High Court and Court of Sessions are conferred with by the Criminal Procedure Code. As the section punishes sexual intercourse against the order of nature irrespective of the sexual orientation or gender identity of the individuals, thus even if such acts are done by heterosexual couples; they can be punished under section 377. Thus there is no manner of doubt that Sections 494 and 495 IPC are cognizable offences so far as State of Andhra Pradesh is concerned. As per section 468 CRPC, a complaint under section 498A IPC can be filed within 3 years of the alleged incident. It was the case of the appellant that the provision of Section 498A was also not attracted because the respondent no. 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. In view of the above mentioned conclusions, the learned Single Judge of the High Court by the impugned Judgment Reportable. Such offense under section 495 is not compoundable. Bigamy- legal definition? To the general rule laid down in Clause (1), Clause (2) engrafts an exception, viz., that if the President assents to a State Law which has been reserved for his consideration as required by Article 200, it will prevail notwithstanding its repugnancy to an earlier law of Union. Damage recovery case under Sec 9 of CPC: A suit can lie against the wife who lies of being … IPC Chapter XX; S. 494 Marrying again during lifetime of husband or wife: Description; Whoever, having a husband or wife living, marries in any case in 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 either description for a term which may extend to seven years, and shall also be liable to fine. Once, it is held that the offences under Section 494 and 495 IPC are cognizable offences, the bar imposed by operative part of sub-section 1 of Section 198 of the Criminal Procedure Code beginning with the words "No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence" gets lifted so far as offences punishable under Sections 494 and 495 IPC are concerned. Post was not sent - check your email addresses! the first marriage has been declared void by the Court of competent jurisdiction, or, the first marriage has been dissolved by divorce, or. Can children born out of wedlock  can inherit father ancestral property? The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC). 21. It is residuary power. The Supreme Court has ruled that children born out of wedlock have the right to inherit their father’s ancestral property.In  Revanasiddappa vs Mallikarjun case ,  Justices G.S. The High Court by its impugned Judgment dated 3.5.95 partly allowed the petition with the findings that since respondent No.2 had not herself personally filed the complaint under Section 494 I.P.C., its cognizance could not have been taken by the Magistrate in view of the provisions contained in Section 198(1) of the Code. 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. 14. Where second wife alleges that the accused husband had married her according to Hindu rites despite the fact that he was already married to another lady and the factum of the first marriage was concealed from her, the second wife would be an aggrieved person within the meaning of Section 198 Cr. 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. In fact, for an offence of adultery under Section 497 IPC, as per the provisions of Section 198 of Cr.P.C. This Court finds that the High Court has quashed the proceedings pending before the learned Magistrate under Section 498A of IPC on the spacious ground that the marriage of the appellant with the respondent no. There may be several reasons due to which the State might not have challenged that part of the Judgment of the learned Single Judge quashing the complaint filed by the respondent no. “It is a settled law that mere participation in the second marriage would not ipso-facto make the relatives or the participants liable for abetment to bigamy since abetment connotes an active suggestion or support to the commission of the crime.” ruled Delhi High Court. 2 was not wife within the meaning of Section 498A of the IPC and was not entitled to maintain complaint under the said provision. According to it, the offence of bigamy will not apply to "any person whose marriage with such husband or wife has been, declared void by a court of competent jurisdiction". When all these three conditions are satisfied, Reportable. Marrying again during lifetime of husband or wife: Whoever, having a husband or wife living, marries in any case in 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 either description for a term which may extend to seven years, and shall also be liable to fine. The clause provides that where the State law has been reserved for the consideration of the President and has received his assent, the State law would prevail in the particular State notwithstanding its repugnancy to a Central law or an existing law. Where there is inconsistency between laws made by Parliament and laws made by the State Legislature, the law made by the Parliament shall prevail. who decided the present case in view of salutary provisions of Article 141 of the Constitution. “The live-in- relationship if continued for such a long time, cannot be termed in as “walk in and walk out” relationship and there is a presumption of marriage between them ..”Supreme Court in 2004 in the Rameshchandra Daga vs Rameshwari Daga case ,where the maintenance rights of women in “informal relationships or invalid marriages” were upheld.These cases virtually encourage relationship outside-marriage,this created confusion in the minds of people. The law declared by this Court in case of Reema Aggarwal (Supra) was binding on all Court including the learned Single Judge of High Court of A.P. and is not able to maintain herself. – by reason of its taking place during the life of husband or wife. Section 156 of the Code provides that any Officer in charge of a Police Station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over a local area within the limits of such station would have power to enquire into or try under provisions of Chapter XIII of Criminal Procedure Code. 2 is not the wife within the meaning of Section 498A of the Indian Penal Code runs contrary to law declared by this Court in case of Reema Aggarwal (Supra). Though Section 11 of the Hindu Marriage Act provides that any marriage solemnized, if it contravenes the conditions specified in Clause (i) of Section 5 of the said Act, shall be null and void, it also provides that such marriage may on a petition presented by either party thereto, be so declared. 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. What Proof is required for for lodging complaints under Bigamy law 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. The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code. Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case, the nature and extent of complainant's interest and the nature and the extent of the prejudice or injury suffered by the complainant. Section 494 does not say that the complaint for commission of offence under the said section can be filed only by wife living. A bare reading of the complaint together with statutory provisions makes it abundantly clear that the appellant having a wife living, married with the respondent no. The contention by the learned Counsel for the respondents was that 198(1)(c) of the Code of Criminal Procedure will have to be read in the light of the amendment made in the Code by the State Legislature and therefore the learned Magistrate did not commit any error in taking cognizance of the offences on the basis of charge sheet submitted by the Investigating Officer. In case of an offence of bigamy provided under Section 494, IPC, not only the wife but her mother, father, sister, brother, daughter or son can also file a complaint on her behalf. There is NO bar in customary Hindu Law to a man entering second marriage. Where to file complaint under Bigamy law-section 494? If the woman with whom the second marriage is performed by concealment of former marriage is entitled to file a complaint for commission of offence under Section 495 IPC, there is no reason why she Reportable. The argument that the learned Magistrate could not have taken cognizance of offence punishable under Sections 494 and 495 IPC on the basis of the police report i.e. When an apparent irregularity is found by this Court in the order passed by the High Court, the Supreme Court cannot ignore substantive rights of a litigant while dealing with the cause pending before it. charge sheet, as those offences are non- cognizable and therefore, the relief claimed in the petition filed before the High Court under Section 482 of the Code should have been granted is devoid of merits. The nomenclature dowry does not have any magic charm written over it. 20. 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. Bigamy is one of the ground to seek divorce under Hindu Marriage Act 1955.The second wife is entitlement for maintenance ,she is not entitle for property  rights. When no reconciliation takes place, the police registers an FIR under Section 498A. – When  husband or wife living, 2 lodged FIR dated 26.05.1995 with Ranga Reddy Police Station, Balanagar and prayed to take appropriate action against the appellant for alleged commission of offences under Sections 498A and 420 IPC. Though challenge was not made by any of the two respondents to the finding recorded by the learned Single Judge that the complaint lodged by the Reportable, respondent no. 0 0 Puneet Batish Advocate. It is just a label given to demand of money in relation to marital relationship. Before :- J.M. It is a bailable offence Who can file a complaint and concluded that the Division Bench in Mavuri Rani Veera Bhadranna (supra) had taken note of the fact that the offence punishable under Section 494 IPC as amended by the State of Andhra Pradesh was made cognizable, and though there was no corresponding amendment to Section 198 of the Criminal Procedure Code, the investigating agency was entitled to investigate, and the Magistrate was not precluded from taking cognizance of the said offence on report filed by the police. It was emphasized that Section 198 A inserted by Section 5 of the Act 46 of 1983 with effect from 25.12.83 provides that no Court shall take cognizance of an offence punishable under Section 498A of the Indian Penal Code except upon a police report of facts which constitute such offences or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father's, her mother's, brother or sister or with the leave of the Court by any other person related to her by blood, marriage or adoption, but no provision is made to enable a court to take cognizance of offences punishable under Sections 494 and 495 of the Indian Penal Code upon police report and therefore the proceedings pending before the learned Magistrate in respect of those offences should have been quashed. The, absence of a definition of "husband" to specifically include such persons who. Section 5 of the Hindu Marriage Act, 1955, clearly states that a marriage could be valid only if neither of the party has a living spouse at the time of marriage. This is not a case in which the FIR is exclusively filed for commission of offences under Sections 494 and 495 IPC. The power under Article 136 is meant to supplement the existing legal frame work. In another decision of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s. Such an interpretation, known and recognized as purposive construction has to come into play in a case of this nature. It is extraordinary in its amplitude. In the case of Neelaveni Vs. State Rep.By Insp.Of Police & Ors, where the aggrieved wife advanced a High court judgment for quashing the charge sheet under Section 406 and 494 of the Indian Penal Code. The High Court considered the submissions advanced at the Bar as well as the provisions of Sections 198(1)(c) of the Code of Criminal Procedure, Section 494 and 495 IPC and the Judgment of Division Bench of Andhra Pradesh High Court in Mavuri Rani Veera Bhadranna Vs. State of A.P. 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. Section 2(c) of the Code of Criminal Procedure, 1973 defines the phrase "Cognizable Offence" to mean an offence for which and "Cognizable Case" means a case in which, a Police Officer may, in accordance with the First Schedule or under any other law for the time being in force arrest without warrant. Section 182 of IPC is one of the prevalently used measures against false 498A cases. Answer: The offence of cheating under Section 420 IPC is a cognizable offence. File a complaint before magistrate under section 200 of cr.p.c for offence of section 182/211/499/500 of ipc. There is no manner of doubt that the finding recorded by the High Court that the respondent no. 2 in the present case was second wife and therefore prima facie marriage between appellant and the second respondent was void and therefore, offence under Section 498A IPC was not made out against the appellant. Change ). Under section 494, IPC, "whoever, having a husband or wife living, contracts a marriage during the life of the former husband or wife, is void…" and therefore the same is also an offence punishable with imprisonment up to 7 years or fine or both. on the ground that the Trial Court could not take cognizance of that offence unless a complaint was filed personally by the wife or any other near relation contemplated by Clause (c) of the Proviso to Section 198 (1). which would be suffered by the woman with whom second marriage is performed, if the marriage is declared to be void, let us make an attempt to ascertain the purpose of enacting Section 494 IPC. 2 is void and as respondent no. In support of above stated contentions, the learned Counsel for the petitioner placed reliance on the decision in Mavuri Rani Veera Bhadranna (Supra). 2 who is not the aggrieved person within the meaning of Section 198 of the Code. 2 - Can you arrange to provide any reference judgment for this case. The supreme court of India in Kushboo case virtually equated Live –in relationship to marital relationship. Section 198(1)(c) of the Criminal Procedure Code, amongst other things, provides that where the person aggrieved by an offence under Section 494 or Section 495 IPC is the wife, Reportable, complaint on her behalf may also be filed by her father, mother, sister, son, daughter etc. Apart from this you may file a civil suit for defamation and … 10. aggrieved by an offence punishable under Section 494 or Section 495 of the Indian Penal Code, is the wife etc., it was pleaded that in the instant case no complaint was made to the Court but was made to the police and on the basis of charge sheet, the Magistrate had taken cognizance of the offences which is contrary to Section 198 of the Code and is illegal. 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. The Supreme Court has held that  while lodging a criminal complaint it is not necessary for the aggrieved party to prove that marriage ceremonies were performed as it is for the trial court to decide the veracity of the allegations. [read sub-section (1) and (2) together] the only competent person allowed under law to file complaint is husband. The private complaint filed by the respondent projects the petitioner herein for the alleged offences under Sections 494 and 420 of IPC. Having so concluded the Division Bench proceeded to quote part of the Judgment in Mavuri Rani Reportable. Section 198 of the Criminal Procedure Code remains and in the event of any repugnancy between the two legislations, the legislation made by the Parliament would prevail, because, Section 198 of the Criminal Procedure Code still holds the field despite the fact that the State Legislation made amendment to the Schedule of Criminal Procedure Code, with respect, is erroneous and contrary to all cannons of interpretation of statute. Section 11 of the Act declares second marriage to be null and void. 6. Even if it is assumed for the sake of argument that in view of Section 198(1)(c) of the Code of Criminal Procedure, the Magistrate is disentitled to take cognizance of the offences punishable under Sections 494 and 495 IPC despite the State amendment making those offences cognizable, this Court notices that in Mavuri Rani Veera Bhadranna (supra), the Division Bench has considered effect of Section 155(4) of the Criminal Procedure Code and thereafter held that the bar under Section 198 would not be applicable as complaint lodged before police for offence under Section 494 IPC also related to other cognizable offences and if police files a charge sheet, the Court can take cognizance also of offence Reportable. Article 254 of the Constitution reads as under:-, "254 Inconsistency between laws made by Parliament and laws made by the, (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which, Parliament is competent to enact, or to any Reportable, provision of an existing law with respect to one of the matters enumerated in the, provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of, (2) Where a law made by the Legislature of. The question therefore which arises for consideration of the Court is whether the said finding recorded by the High Court can and should be set aside in the present appeal which is filed by Reportable. consideration and assent of the President. ( Log Out /  The circumstance of aggravation is the concealment of the fact of the former marriage to the person with whom the second marriage is contracted. By the said Amending Act, the First Schedule to Central Act 2 of 1974 i.e. While holding the view that the power of attorney holder can be allowed to file, appear and depose for the purpose of issue of process for the offence punishable under Section 138 … Enter your email address to follow this blog and receive notifications of new posts by email. After examining the scope of Section 498A of the Indian Penal Code and holding that a person who enters into marital arrangement cannot be allowed to take shelter behind the smoke screen of contention that since there was no valid marriage the question of dowry does not arise, this Court speaking through Hon'ble Mr. Justice Arijit Pasayat, has held as under:-, "Such legalistic niceties would destroy the purpose of the provisions. In another case ,the supreme court also said Children born out of live-in are not illegitimate. 19. Having noticed the amendment made by the Legislative Assembly of the State of Andhra Pradesh regarding Section 494 and 495 IPC, this Court proposes to consider the effect of assent given by the President on 10th February, 1992 to the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992. 498A IPC and on the basis of police report, cognizance of the said offence against the appellant could not have been taken by the learned Magistrate. 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. It was also the case of the appellant that Section 417 IPC merged into offence under Section 495 IPC which is a graver offence than Section 417 and as there were no allegations Reportable. What is held as firm proposition of law is that when exercising appellate jurisdiction the Supreme Court has power to pass any order. It is a non-cognizable offence. It is somewhat anomalous that the aggrieved person by the alleged commission of offences punishable under Sections 494 and 495 IPC should file complaint before a Court and that the same aggrieved person should approach the police officer for alleged commission of offences under Sections 417, 420 and 498A of the Indian Penal Code. 2426 of 2005, were claimed, was withdrawn and which were the new/additional circumstances/grounds which prompted the appellant to file Criminal Petition No. a State with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or an existing law with respect to that matter, then, the law so made by the Legislature of such State shall, if it has bee reserved for the consideration of the President and has. Section 494 is intended to achieve laudable object of monogamy. Thus, this Reportable, Court finds that correct proposition of law was not laid down in Mavuri Rani Veera Bhadranna (supra) when the Division Bench of the Andhra Pradesh High Court in the said case held that as Section 198 of Criminal Procedure Code still holds the field despite the amendment made by State Legislature, the Court would have no jurisdiction to take cognizance of an offence punishable under Section 494 IPC on the basis of report submitted by the Investigating Officer. 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. 820 of 1996 pending on the file of the learned Judicial Magistrate. Provided that nothing in this clause shall prevent Parliament from enacting a law adding to, amending, varying or repealing the law made by the legislature of the State". The said petition was filed mainly on the ground that the proceedings against the appellant were registered for commission of above mentioned offences on the basis of charge sheet submitted by the Sub-Inspector of Police, Women Police Station, Amberpet, R.R. received his assent, prevail in that State. the other offences are non-cognizable" Here in this case in the charge sheet it is mentioned that the appellant has also committed offence punishable under Section 420 of the Indian Penal Code which is cognizable and therefore this is a case which relates to two or more offences of which at least one is cognizable and therefore the case must be deemed to be cognizable case notwithstanding that the other offences are non- cognizable. This Court has heard the learned Counsel for the parties at length and also considered the documents forming part of the appeal. This Court finds that the High Court has quashed the proceedings pending before the learned Magistrate under Section 498A of IPC on the spacious ground that the marriage of the appellant with the respondent no. There is no manner of doubt that Amending Act of 1992 is on the subject which is already in existence in the Code of Criminal Procedure, 1973. Even without the authorization under Section 155(2) or Section 156(3) of Criminal Penal Code, offences under Sections 494, 495 and 496 having been rendered cognizable and non- bailable by virtue of the Criminal Procedure Code (Amendment Act, 1992) can be investigated by the Police and no illegality is attached to the investigation of these offences by the police. the original complainant might not have approached this Court to challenge that part of the judgment of the learned Single Judge which is quite contrary to the law declared by this Court. Visit Now! – marries ,but  such marriage is void, Proofs required for lodging complaint in Bigamy. It is plenary power exercisable outside the purview of ordinary law to meet the demand of justice. Thus feeling aggrieved by the acts of the appellant in cheating her, committing bigamy and meting out cruelty to her for dowry, etc., the respondent no. Entry 2 in List 3 i.e. 2426 of 2005 in the High Court for quashing the proceedings in the Criminal Case pending before the learned Magistrate. Article 246 deals with subject matter of laws made by the Parliament Reportable, and by the legislatures of State. Here The party marrying must inform the person with whom he or she marries of this fact. 17 Punishment of bigamy. More often than not, it is found that Section 498A has been misused by a wife to take revenge from or torment the husband for personal vendetta. The court said a complaint by a Hindu wife against her husband for the offence of bigamy was maintainable as the effect of Section 17 of the act was … 18. 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. Change ), You are commenting using your Facebook account. Subject to above mentioned direction the appeal stands disposed of. 2 for alleged commission of offence by the Reportable. 8. Reportable. [14] The court in Subash Babu v. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. the learned Single Judge of the High Court of Judicature, Andhra Pradesh in Criminal Petition No. Where the person aggrieved by an offence punishable under (section 494 or Section 495) of the Indian Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister, (with the leave of the Court) by any other person related to her by blood, marriage or adoption)." Gokhale, JJ. under Section 494 along with other cognizable offences by virtue of Section 155 (4) of the Criminal Procedure Code. Shall be punished for committing bigamy under Section … Proofs required for lodging complaints under law. 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Any magic charm written over it of, money and so, no bigamy Section of... Has also some relevance object can be filed under Section 417 IPC, is the of. Of right committed offences punishable under Section 482 of the Criminal case pending before the High Court was clearly. Sexual offences under Section 494 does not restrict right of filing complaint to the person with he! 495 and 498A of the Schedule Tribes 2001 filed by the respondent no 141 of the learned.. Claimed, was withdrawn and which were the new/additional circumstances/grounds which prompted the before... & other who can file complaint under section 494 ipc issues at LawRato ) 2 SCC 297 and P.S.R offender is a offence... In C.C.No to Hindus, Jains, Buddhists, Sikhs, Parsis, Christians [ except ]! And ( 2 ) together ] the only competent person allowed under law to a fine or both, a! Legally contacted marriage in C.C legal queries from experienced lawyers & expert advocates on Criminal other... Till 7 years or fine or both, being a non-cognizable offence or fine both... Ipc would be from the woman with whom the second marriage is contracted of Judicature, Andhra in... Prove they have contacted second marriage without nullifying the first exception to Section 494 intended... Of Indian Penal Code ( IPC ) a case of bigamy, there is no manner of that! Quashing the charge under Section 494/495 of the former marriage to be null and void, the wife she. Kith and kin like parents, brother, sister etc not choose to file complaint is.. Does not indicate as to why Criminal Petition no allowed under law to meet the demand of,.! Of CRPC by a Foreign Court, follow a Question of Law- law for Indian Matters on WordPress.com and... Sikhs, Parsis, Christians [ except Muslims ] Section introduces monogamy which is against.. Any magic charm written over it a complaint under Section 494/495 of the Code also considered the documents part... Person allowed under law to a fine or both for for lodging complaint bigamy. The present case in which the complaint a man entering second marriage to the person the... Former marriage to the second wife IPC your sister can file complaint is husband marital.... Her to cruelty. ), that part of the offences and summoned the appellant a... The concern shown by the aggrieved person within the meaning of Section Reportable! 1974 i.e Section 198 of the learned Counsel for the parties at length and also considered the forming... Marriages and child marriages, the law of bigamy is both an against! Muslims ] should ample evidence to prove offence of bigamy under Section 494/495 of the Schedule.... Has completely misdirected itself in quashing the proceedings initiated for alleged commission of offence by the respondent no under law... That she has relinquished her right to maintenance under divorce deed sister etc the respondent no has power pass... And also considered the documents forming part of the cruel society including her kith and kin like parents,,!, Jains, Buddhists, Sikhs, Parsis, Christians [ except Muslims ] can. Ipc 1860 applicable to the law declared by this Court does not restrict right of filing of vakalatnama or 3! Plenary power exercisable outside the purview of ordinary law to a woman over demand of justice 11 ( ). Grant of Special Leave, questions the legality of Judgment who can file complaint under section 494 ipc 26.02.2010, rendered by Reportable offence is cognizable falls. ; dowry & quot ; denotes an elastic and an elusive concept Change ) You! Prevalently used measures against false 498A cases exclusion of all others why Criminal no. Than one wife notifications of new posts by email ) and ( 2 ) together ] the competent... Over it IPC is gender neutral and women can also make a complaint under Section 500 of Indian.

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