“Area 17 provides you to definitely one https://kissbrides.com/fi/italialaiset-naiset/ relationships anywhere between several Hindus solemnised immediately following the beginning of Act was gap if the during the go out of these relationship both party had a wife or husband way of life, which the terms out-of areas 494 and 495 ipc should use consequently. The marriage ranging from a couple Hindus try gap because away from Area 17 if the a couple criteria is met: (i) the wedding try solemnised adopting the beginning of Work; (ii) at the go out of such relationship, possibly party got a partner living. In case your labai inside February 1962 can not be allowed to be ‘solemnised’, that marriage may not be gap by the advantage from Area 17 of one’s Act and you can Point 494 IPC doesn’t affect like functions towards the relationship once the had a spouse way of living.”
For the Rakeya Bibi v
twenty eight. Which v. [Sky 1966 Sc 614 = 1966 step 1 SCR 539] The challenge is once more felt in Priya Bala Ghosh v. For the Gopal Lal v. State From Rajasthan [1979 2 SCC 170 = Air 1979 Sc 713 = 1979 dos SCR 1171] Murtaza Fazal Ali, J., speaking toward Courtroom, observed due to the fact below: (SCC p. 173, para 5)
“[W]right here a wife deals an additional wedding as the very first wedding continues to be subsisting this new lover might possibly be guilty of bigamy less than Section 494 if it’s turned out the second marriage are a valid one in the sense that the requisite ceremonies requisite by-law or from the customized have been in fact performed. ”
30. In view of above, if one marries one minute day in the life of their wife, such as for instance relationship except that becoming emptiness less than Areas eleven and you will 17 of one’s Hindu Wedding Operate, would constitute an offense and that person would be accountable to-be sued less than Section 494 IPC. Continue reading Suresh Chandra Ghosh [1971 1 SCC 864 = Sky 1971 Sc 1153 = 1971 3 SCR 961]