The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A, Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.Justice Shampa Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to …
The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage. By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit …
The Karnataka High Court has made it clear that it is only the husband or wife who marries for the second time during the subsistence of an earlier marriage and the life time of the earlier spouse, who can be prosecuted under Section 494 of the Indian Penal Code. On a perusal of Section 494 IPC, the bench said- whoever, …
The Supreme Court transferred to itself the pending PIL before the Allahabad High Court challenging the validity of the Muslim Personal Application Act, 1937, and seeking a declaration that Section 494 IPC is ultra vires to the Constitution of India. In March last year, the High Court Bench of Justices Devendra Kumar Upadhyaya and Subhash Vidyarthi issued a notice to …
Taking a "lenient view", the Punjab and Haryana High Court directed to release a woman on probation who was convicted for committing Bigamy, having a minor child to look after.While giving benefit of Probation to the convicted woman, Justice Nidhi Gupta said, "the petitioners now have a minor child who is in their care and custody, and for whose welfare …
The Calcutta High Court at Jalpaiguri circuit bench has discharged a widow in an FIR under Sections 498A, 494 and 506 of IPC accusing her of marrying the husband of the complainant, on the ground that materials on record including complaint prima facie revealed that the allegations were levelled against the against the principal accused i.e. The single judge bench …