Indian Penal Code, 1860, Section 494, 498A, 406, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Second marriage during subsistence of first marriage - Offence of second marriage is applicable in respect of husband and not against second wife - Rest of the offences are also not applicable in respect of second wife - Ingredients of offence u/s 506 IPC are also not present..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Solemnization of marriage during operation of an ex parte decree of divorce of earlier marriage, would not amount to offence of bigamy, even though ex parte decree of divorce is subsequently set aside...........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 495 -- Jurisdiction of Court - Court within whose jurisdiction first wife has taken up permanent residence after commission of offence punishable u/ss 494 or 495 IPC, has jurisdiction to try the offence...........
Indian Penal Code, 1860, Section 494 -- Bigamy - No person other than the spouse to second marriage could have been charged for the offence punishable u/s 494 IPC simplicitor...........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - A-3 and A-4 were not even alleged to be present at the time of marriage - Hence, involvement of these accused for the charge of having a common intention to commit the offence u/s 494 IPC is not established by any iota of evidence - Proceedings qua A-3 and A-4 quashed...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation against relatives/friends - A-5, A-6 and A-7 witnessed the alleged bigamous marriage - However, they have no knowledge that A-1 was already married to complainant - In absence of such allegation, prosecution of said accused persons for the charge of having a common intention to commit offence u/s 494 IPC is..........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute an offence u/s 494 IPC, it is necessary that second marriage should have been celebrated with proper ceremonies and in due form...........
Indian Penal Code, 1860, Section 494 -- Bigamy - To constitute offence u/s 494 IPC second marriage should have been celebrated with proper ceremonies and in due form - `Saptapadi' ceremony is one of the essential ingredients to constitute a valid marriage - Said evidence lacking - Also there is no such averment in the complaint as well as in the statement u/s 200 and 202..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Allegation of second marriage is a bald allegation without corroborative materials - No prima facie offence is made out against accused - Criminal proceedings against accused initiated by complainant u/s 494 IPC is nothing but a malicious prosecution with an ulterior motive, which is clear abuse of process of Court -..........
