The Investigating Officer, investigated the FIR lodged by the respondent no. Section 494 does not restrict right of filing complaint to the first wife and Reportable. Section 198(1)(c) of the Criminal Procedure Code, amongst other things, provides that where the person aggrieved by an offence under Section 494 or Section 495 IPC is the wife, Reportable, complaint on her behalf may also be filed by her father, mother, sister, son, daughter etc. The private complaint filed by the respondent projects the petitioner herein for the alleged offences under Sections 494 and 420 of IPC. 5. Panchal and H.L. Under criminal law, the first wife aggrieved by a second marriage can file a complaint for bigamy. Section 182 of IPC is one of the prevalently used measures against false 498A cases. trial. In the said case it was contended that the Supreme Court has no power to enhance sentence in the absence of an appeal by the Government presented specifically for that purpose more so because Supreme Court has no revisional powers which the High Court and Court of Sessions are conferred with by the Criminal Procedure Code. 2 is not the wife, she was not entitled to lodge first information report with the police for commission of offence u/s. 2 for alleged commission of offence punishable under Section 498A of the Indian Penal Code is not maintainable because she is not a wife, this Court feels that absence of challenge either by State or by the original complainant should not persuade or prevent this Court from doing justice between the parties by restoring the complaint filed by the respondent no. Having noticed the amendment made by the Legislative Assembly of the State of Andhra Pradesh regarding Section 494 and 495 IPC, this Court proposes to consider the effect of assent given by the President on 10th February, 1992 to the Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992. – by reason of its taking place during the life of husband or wife. The complaint can also be filed by the person with whom second marriage takes place which is void by reason of its taking place during the life of first wife. As held in Ramakant Rai Vs. Madan Rail (2003) 12 SCC 395 following Arunachalam Vs. P.S.R. Exception-This section does not extend to any person whose marriage with such husband or wife has been declare void by a Court of competent jurisdiction ,nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. [14] The court in Subash Babu v. The apex court gave the verdict while upholding the appeal of a woman K Neelavani, challenging a Madras High Court order quashing the charge sheet filed against her husband S K Siva Kumar under IPC Sections 406 (breach of trust) and 494 (bigamy-second marriage). The argument that the learned Magistrate could not have taken cognizance of offence punishable under Sections 494 and 495 IPC on the basis of the police report i.e. Damage recovery case under Sec 9 of CPC: A suit can lie against the wife who lies of being … 4. The person aggrieved ( which is the Legally Wed person – the first “husband” or “wife” ) can file a case of bigamy either in court or at the police station. Section 198 of the Criminal Procedure Code remains and in the event of any repugnancy between the two legislations, the legislation made by the Parliament would prevail, because, Section 198 of the Criminal Procedure Code still holds the field despite the fact that the State Legislation made amendment to the Schedule of Criminal Procedure Code, with respect, is erroneous and contrary to all cannons of interpretation of statute. It would be appropriate to construe the expression "husband" to cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the, any manner or for any of the purposes Reportable. the learned Single Judge of the High Court of Judicature, Andhra Pradesh in Criminal Petition No. Sadanatham Vs. Arunchalam (1980) 3 SCC 141, the appellate power vested in the Supreme Court under Article 136 is not to be confused with the ordinary appellate power exercised by appellate Courts and appellate Tribunals under specific statutes. (for avidence or for 494 or for section 11 etc.. ( Log Out /  The legislative intent is clear from the fact that it is not only the husband but also his relations, who are covered by Section 498A. (Arising out of S.L.P. or with the leave of the Court, by any other person related to her by blood, marriage or adoption. On the contrary, it would be against the concern shown by the legislature for avoiding, money in relation to marriages. The Supreme Court has ruled that children born out of wedlock have the right to inherit their father’s ancestral property.In  Revanasiddappa vs Mallikarjun case ,  Justices G.S. (considering fast results). To notice an obvious error of law committed by the High Court and thereafter not to do anything in the matter would be travesty of justice. Even without the authorization under Section 155(2) or Section 156(3) of Criminal Penal Code, offences under Sections 494, 495 and 496 having been rendered cognizable and non- bailable by virtue of the Criminal Procedure Code (Amendment Act, 1992) can be investigated by the Police and no illegality is attached to the investigation of these offences by the police. Where second wife alleges that the accused husband had married her according to Hindu rites despite the fact that he was already married to another lady and the factum of the first marriage was concealed from her, the second wife would be an aggrieved person within the meaning of Section 198 Cr. It is bailable and compoundable with the permission of court if the offense is committed under section 494 of the IPC. A wife can file a case against her husband for unnatural sexual offences under section 377 of IPC. when she is assured of re-union by her husband, when husband assures to snap the tie of second marriage etc. SUPREME COURT OF INDIA. challenging that part of the order which is against them. Misuse Of Section 498A IPC Complaint By Wife. File a complaint before magistrate under section 200 of cr.p.c for offence of section 182/211/499/500 of ipc. It is not a matter of long past that in India, hypergamy brought forth wholesale polygamy and along with it misery, plight and ignominy to woman having no parallel in the world. If such, restricted meaning is given, it would not further the legislative intent. interfere with the same would amount to allow illegality to be perpetuated. 2 who is claiming to be second wife of the … The person shall be punished for committing bigamy under section 494 of Indian Penal Code (IPC). To the general rule laid down in Clause (1), Clause (2) engrafts an exception, viz., that if the President assents to a State Law which has been reserved for his consideration as required by Article 200, it will prevail notwithstanding its repugnancy to an earlier law of Union. Bigamy is both an offence against Marriage ( Per HMA ) as well as a Penal Offence ( under IPC ). In the case of Neelaveni Vs. State Rep.By Insp.Of Police & Ors, where the aggrieved wife advanced a High court judgment for quashing the charge sheet under Section 406 and 494 of the Indian Penal Code. As per section 468 CRPC, a complaint under section 498A IPC can be filed within 3 years of the alleged incident. 2 is that the appellant has committed offences punishable under Sections 417, 420, 494, 495 and 498A of the IPC. 2 was not wife within the meaning of Section 498A of the IPC and was not entitled to maintain complaint under the said provision. The offence is cognizable and falls under the category of Non Bailable in IPC section 420. Whether judge can alter Judgment after it is signed? Where to file complaint under Bigamy law-section 494? However, in view of Clause (2) of Article 254 of the Constitution, an undoubted power to legislate, of course subject to assent of the President on the Reportable, subject already in existence, is available to the State Legislature. The, absence of a definition of "husband" to specifically include such persons who. When is Bigamy offence ? Attending 2nd marriage is abetting bigamy? In August 2009, the Law Commission of India  recommended that  bigamy should be made  a cognizable offence. Singhvi and A.K. ( Log Out /  Law of inheritance would prejudicially operate against her. “Truthfulness or otherwise of the allegation is not fit to be gone into at this stage as it is always a matter of under this section if convicted, to a fine or seven years of imprisonment, or both, being a non-cognizable offence. Answer: The offence of cheating under Section 420 IPC is a cognizable offence. Article 254 of the Constitution reads as under:-, "254 Inconsistency between laws made by Parliament and laws made by the, (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which, Parliament is competent to enact, or to any Reportable, provision of an existing law with respect to one of the matters enumerated in the, provisions of clause (2), the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of, (2) Where a law made by the Legislature of. “The live-in- relationship if continued for such a long time, cannot be termed in as “walk in and walk out” relationship and there is a presumption of marriage between them ..”Supreme Court in 2004 in the Rameshchandra Daga vs Rameshwari Daga case ,where the maintenance rights of women in “informal relationships or invalid marriages” were upheld.These cases virtually encourage relationship outside-marriage,this created confusion in the minds of people. The contention that the respondent no. 2 was not wife within the meaning of Section 498A of the IPC and was not entitled to maintain complaint under the said provision. The High Court has completely misdirected itself in quashing the proceedings for the offence punishable under Section 498A of IPC. If the Police Officer in charge of a Police Station is entitled to investigate offences punishable under Section 494 and 495 IPC, there is no manner of doubt that the competent Court would have all jurisdiction to take cognizance of the offences after receipt of report as contemplated under Section 173(2) of the Code. On the other hand, the learned Counsel for the respondents argued that by Code of Criminal Procedure (Andhra Pradesh Second Amendment) Act, 1992, the offences under Sections 494 and 495 have been made cognizable in the State of Andhra Pradesh, and therefore the respondent No. In another decision of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s. Section 494 in The Indian Penal Code 494. Who can file complaint? Having noticed the agony, trauma etc. Cognizance of an offence under Section 420. Nobody other than husband can file complaint for offence under Section … Private complaint under section 200 for offence under IPC 211 answered by expert criminal lawyer. what should be the procedure to be followed by a complainant when a case involves not only non- cognizable offence but one or more cognizable offences as well. Section 2(c) of the Code of Criminal Procedure, 1973 defines the phrase "Cognizable Offence" to mean an offence for which and "Cognizable Case" means a case in which, a Police Officer may, in accordance with the First Schedule or under any other law for the time being in force arrest without warrant. on the ground that the Trial Court could not take cognizance of that offence unless a complaint was filed personally by the wife or any other near relation contemplated by Clause (c) of the Proviso to Section 198 (1). – When  husband or wife living, Therefore, the police has the power to directly register the FIR under Section … In support of above stated contentions, the learned Counsel for the petitioner placed reliance on the decision in Mavuri Rani Veera Bhadranna (Supra). In Sarla Mudgal v. Union of India (1995 AIR 1531 SC), the Supreme Court held that a man who has adopted Islam and renounced Hindu religion, marries again without taking divorce from the first wife, then such marriage is not legal. charge sheet, as those offences are non- cognizable and therefore, the relief claimed in the petition filed before the High Court under Section 482 of the Code should have been granted is devoid of merits. ( Log Out /  It enacts that neither party must have a spouse living at the time of marriage. 6. 2 in the present case was second wife and therefore prima facie marriage between appellant and the second respondent was void and therefore, offence under Section 498A IPC was not made out against the appellant. What is Punishment under the Act? 13. Once, it is held that the offences under Section 494 and 495 IPC are cognizable offences, the bar imposed by operative part of sub-section 1 of Section 198 of the Criminal Procedure Code beginning with the words "No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence" gets lifted so far as offences punishable under Sections 494 and 495 IPC are concerned. Though challenge was not made by any of the two respondents to the finding recorded by the learned Single Judge that the complaint lodged by the Reportable, respondent no. Section 495 begins with the words "whoever commits the offence defined in the last preceding Section........" The reference to Section 494 IPC in Section 495 IPC makes it clear that Section 495 IPC is extension of Section 494 IPC and part and parcel of it. What if the person hides the first marriage and contracts another one ? The contention by the learned Counsel for the respondents was that 198(1)(c) of the Code of Criminal Procedure will have to be read in the light of the amendment made in the Code by the State Legislature and therefore the learned Magistrate did not commit any error in taking cognizance of the offences on the basis of charge sheet submitted by the Investigating Officer. Clause (1) of Article 246 inter alia provides that notwithstanding anything contained in Clauses (2) and (3) of Article 246, the Parliament has exclusive power to make laws with respect to any of the maters enumerated in List 1 in the Seventh Schedule. 2 is not an aggrieved person so far as commission of offences punishable under Sections 494 and 495 IPC is concerned, has no substance and cannot be accepted. Where there is inconsistency between laws made by Parliament and laws made by the State Legislature, the law made by the Parliament shall prevail. Its scope and meaning depends on diverse, variable factors such as the content and intent of the statute of which contravention is alleged, the specific circumstances of the case, the nature and extent of complainant's interest and the nature and the extent of the prejudice or injury suffered by the complainant. It was also the case of the appellant that Section 417 IPC merged into offence under Section 495 IPC which is a graver offence than Section 417 and as there were no allegations Reportable. If the woman with whom the second marriage is performed by concealment of former marriage is entitled to file a complaint for commission of offence under Section 495 IPC, there is no reason why she Reportable. Though Section 11 of the Hindu Marriage Act provides that any marriage solemnized, if it contravenes the conditions specified in Clause (i) of Section 5 of the said Act, shall be null and void, it also provides that such marriage may on a petition presented by either party thereto, be so declared. Section 16 of the Marriage Act deals with legitimacy of children, of void and voidable marriages. It is just a label given to demand of money in relation to marital relationship. Clause (2) provides for curing of repugnancy which would otherwise invalidate a State law which is inconsistent with a Central law or an existing law. The first exception to Section 494 has also some relevance. appellant under Section 498A IPC, is hereby set aside and the complaint lodged by the respondent no. Sub- Clause 2 of the said Article provides that notwithstanding anything in Clause (3), Parliament and subject to Clause (1), the legislature of any State also have power to make laws with respect to any of the matters enumerated in List 3 in the Seventh Schedule, whereas, Clause (3) of Article 246 amongst other things provides that subject to Clauses (1) and (2), the legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List 2 in the Seventh Schedule. Having so concluded the Division Bench proceeded to quote part of the Judgment in Mavuri Rani Reportable. Entry 2 in List 3 i.e. 2 who is aggrieved person so far as commission of offences punishable under Sections 494 and 495 IPC are concerned, was justified in lodging FIR with the police and the police after investigation, was justified in submitting charge sheet on the basis of which proceedings are pending before the learned Magistrate in respect of alleged commission of offences by the appellant under Section 494, 495, 417, 420 and 498A IPC. 14. P.C. Accused contracting second marriage during life time of first wife - Second wife can maintain complaint under Sections 494 and 495 IPC - This right is not restricted to first wife alone. HOWEVER,. Ganguly ruled that children from a second wife had rights to their father’s ancestral property. Apart from this you may file a civil suit for defamation and … It is residuary power. It is somewhat anomalous that the aggrieved person by the alleged commission of offences punishable under Sections 494 and 495 IPC should file complaint before a Court and that the same aggrieved person should approach the police officer for alleged commission of offences under Sections 417, 420 and 498A of the Indian Penal Code. The court said a complaint by a Hindu wife against her husband for the offence of bigamy was maintainable as the effect of Section 17 of the act was … File a defamation case against the wife: Under Sec 500 of IPC, a person whose reputation has been harmed can file a case against the person maligning his reputation. It was argued by the learned Counsel for the appellant that quashing of proceedings with reference to offence punishable under Section 498A of Indian Penal Code is neither challenged by the State Government nor by the original complainant before this Court and the same having attained finality, the same cannot be disturbed in an appeal filed by the husband appellant in which grievance is made regarding non-grant of relief in full by the High Court. 9. 10. The learned Counsel for the appellant argued that the learned Magistrate could not have taken cognizance of offences under Sections 494 and 495 IPC on the basis of the police report submitted by the Investigating Officer because though the State legislation amended the First Schedule to the Code of Criminal Procedure, 1973 by making the offences under Section 494 ad 495 IPC cognizable, the legislation made by the Parliament in respect of Section 198 of the Code of Criminal Procedure remained the same and in the event of Reportable, any repugnancy between the two legislations, the legislation made by the Parliament would prevail. 16. ( 498A. The record shows that earlier Criminal Petition No. Punishment of an offence under Section 420 The High Court by its impugned Judgment dated 3.5.95 partly allowed the petition with the findings that since respondent No.2 had not herself personally filed the complaint under Section 494 I.P.C., its cognizance could not have been taken by the Magistrate in view of the provisions contained in Section 198(1) of the Code. Only a person aggrieved by his or her spouse contracting the second marriage can file the complaint. This appeal by grant of Special Leave, questions the legality of Judgment dated 26.02.2010, rendered by Reportable. the respondent no. Section 4, of Hindu Marriage Act nullifies and supersedes such practice all over India among the Hindus. Section 5 of the Hindu Marriage Act, 1955, clearly states that a marriage could be valid only if neither of the party has a living spouse at the time of marriage. 2 is void and as respondent no. 2 is void and as respondent no. and Anr. Such an interpretation, known and recognized as purposive construction has to come into play in a case of this nature. In post vedic India a King could take and generally Reportable, used to have more than one wife. Essential ceremonies of the marriage were gone into or not is a matter of trial,” a bench of Justices D K Jain and C K Prasad said in a judgement. Gokhale, JJ. So, AFTER 1956, second marriages could be considered illegal. There is no reason why the relief cannot be and should not be appropriately moulded while disposing of an appeal arising by grant of special leave under Article 136 of the Constitution. It cannot be confined within the bounds of a rigid, exact and comprehensive definition. The high court of Bombay at Goa has held that the first wife is entitled to half the share while the share of the second wife in the property of the husband is 1/8th, while ruling that a second wife marrying in good faith has a share in the estate of her husband. 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