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...........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage performed after grant of decree of divorce but during pendency of appeal filed thereagainst - Appeal dismissed confirming decree of divorce - Doctrine of merger comes into play - Decree would operate from date of original decree of divorce of Family Court - Appellate decree reverts back to date of decree of..........
Indian Penal Code, 1860, Section 494, 495 -- Bigamy - Petitioner got divorce from her former husband and thereafter she got married with complainant and said fact was disclosed to complainant and his relatives - Offence u/s 495 IPC would not attract as against petitioners - Proceedings held, quashed...........
Indian Penal Code, 1860, Section 494 -- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when accused performed second marriage..........
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 -- 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 494 -- Divorce by mutual consent - Decree set aside by Appellate Court - Husband solemnized second marriage after about one month of setting aside decree of divorce - Evidence on record showed that husband was not aware of fact that decree of divorce has been set aside - Held, no offence u/s 494 IPC made out...........
Indian Penal Code, 1860, Section 420, 494, 109, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Wife performed second marriage with co-accused during life time of her first husband without getting divorce - FIR lodged against wife and relatives of her second husband - Relatives seeking quashing of FIR - It cannot be presumed that relatives had by..........
Indian Penal Code, 1860, Section 494, Ranbir Penal Code, 1989, Section 109 -- Second marriage after passing of decree of divorce - Decree of divorce set aside - No offence of bigamy is committed as on the date second marriage was performed there was no subsisting first marriage...........
Indian Penal Code, 1860, Section 494 -- Second marriage - Divorce petition - Husband contested divorce petition but thereafter he did not appear - Exparte order of divorce passed - Wife contracting second marriage - No offence under S.494 IPC is made out - It was though an exparte decree, but it was not that ex parte decree where husband was absent from beginning -..........
