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by Admin
07 May 2024 2:49 AM
The Allahabad High Court, in a significant ruling on April 25, 2024, underscored the necessity of valid solemnization in marriage ceremonies under Section 494 of the Indian Penal Code (IPC), leading to the quashing of bigamy charges against Nisha, the revisionist.
Legal Point of Judgement: The court meticulously analyzed the essential requirements for a valid marriage, particularly focusing on the absence of the ‘Saptapadi’ (seven steps ritual), which is crucial under the Hindu Marriage Act. Justice Dr. Gautam Chowdhary emphasized, “If the marriage is not a valid marriage, it is no marriage in the eyes of law.”
Facts and Issues: The revisionist, Nisha, was summoned for allegedly marrying Shubham Sharma without obtaining a divorce from her first husband, Vijay Singh. However, she contested the validity of her second marriage and the performance of essential rites. The prosecution’s inability to prove the solemnization of the second marriage formed the core issue of the legal battle.
Validity of Second Marriage: The court noted that no substantial evidence was presented to prove the performance of ‘Saptapadi’, a mandatory ritual for validating a Hindu marriage. Justice Chowdhary pointed out, “the word ‘solemnize’ means, in connection with a marriage, ‘to celebrate the marriage with proper ceremonies and in due form.’”
Application of Legal Precedents: The judgment extensively referenced past Supreme Court rulings that allow for the quashing of proceedings where the probability of conviction is minimal or where the proceedings seem malafide. The court emphasized preventing the misuse of legal processes and ensuring justice.
Decision on Delay Condonation: The court also condoned a 275-day delay in filing the criminal revision, acknowledging the affidavit submitted and mutual consent of the involved parties.
Decision: Concluding, the court quashed the summoning order related to the bigamy charges under Section 494 IPC against Nisha due to the absence of evidence proving valid marriage solemnization. However, proceedings related to other charges under Sections 504 and 506 IPC will continue.
Date of Decision: April 25, 2024
Shubham Sharma Vs. Nisha
