Hindu Marriage Act, 1955, Section 28, 13(1)(1a), 13(1)(1b), Indian Penal Code, 1860, Section 494, 506 -- Divorce - On the grounds of cruelty and desertion - Adultery and bigamy by wife - Proof - No specific incident was stated by wife which could be termed as `cruelty' - All allegations were general in nature having no base - Husband has filed a criminal complaint of..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Offence u/s 494 IPC would be attracted only if second marriage becomes void by reason that it had taken place during subsistence of first marriage and in the lifetime of one of spouse...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Prosecution alleges that second marriage has been solemnized by applicant during subsistence of first marriage - No evidence on record that applicant ever performed a second marriage in accordance with customary rites so as to attract S.17 of Hindu Marriage Act, offence of which punishable u/s 494 IPC - Prosecution failed to..........
Indian Penal Code, 1860, Section 494, Evidence Act, 1872, Section 50 -- Bigamy - Opinion as to relationship - Mere admission as to relationship would not be an evidence to prove second marriage in a proceeding u/s 494 IPC...........
Indian Penal Code, 1860, Section 494, 34, Criminal Procedure Code, 1973, Section 198, 199 -- Offence u/ss 494, 34 IPC - Complaint cannot be sent to police for investigation - If mistakenly a complaint is sent for investigation and final report is filed - Magistrate can ignore that final report and proceed on the original complaint and the action so taken by the Magistrate..........
Indian Penal Code, 1860, Section 494, 109, 114, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Bigamy - If first legal subsisting marriage is not proved in competent court of law than no offence U/S.494 IPC is committed by second wife - Held, no criminal proceedings can be initiated as first marriage is not proved - Complaint qua summoning order..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage during subsistence of first marriage - Parties belong to Gond community - In the community of Adivasi Gond, second marriage is permissible and male member is permitted to keep more than one wife - No offence made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 494, 107, Criminal Procedure Code, 1973, Section 482 -- Bigamy - Abetment of offence - There is no allegation against applicants that they instigated `R' to commit an offence punishable u/s.494 IPC - There is no allegation that applicants engaged themselves in any criminal conspiracy to commit an offence u/s.494 IPC - It is the case of..........
Indian Penal Code, 1860, Section 494 -- Second marriage - Ex parte divorce decree obtained by fraud - A decree obtained by fraud is not a decree in the eyes of law - Ex parte divorce decree obtained by fraud set aside - Held, the argument of non existence of first marriage on the date of second marriage cannot be accepted...........
Indian Penal Code, 1860, Section 493, 494, 495, Hindu Marriage Act, 1955, Section 7, 11, 17 -- Acquittal - Validity - Held, if alleged second marriage is not valid one according to law applicable to the parties, it will not be void by reason of its taking place during life time of husband or wife of the person marrying so as to attract S.494 IPC - Again in order to hold..........
