Detailed Description Of Concealment Not Mandatory Under Section 27 Evidence Act: Bombay High Court Upholds Murder Conviction Child Is Not A Pawn To Prove Mother's Adultery: Andhra Pradesh High Court Dismisses Husband's DNA Test Petition In Desertion Divorce Case Shareholder Ratification Cannot Cure Fraud Under SEBI's PFUTP Regulations: Supreme Court Restores Rs. 70 Lakh Penalty on Company When High Court Judges Themselves Disagree on the Answer, Can a Law Graduate Be Penalised for Getting It Wrong? Supreme Court Says No Superficial Burns Don't Mean Silence: Supreme Court Explains Why 80-90% Burn Victim Could Still Make a Valid Dying Declaration Daughter's Eyewitness Account, Dying Declaration Seal Husband's Fate: Supreme Court Upholds Life Sentence for Wife-Burning Murder Supreme Court Rejects Rs. 106 Crore Compensation Claim; Directs SECL to Supply Coal to Prakash Industries at 2014 or 2019 Prices for Wrongfully Suspended Period Section 319 CrPC | Trial Court Cannot Conduct Mini Trial While Deciding Application to Summon Additional Accused: Supreme Court Accused Can't Be Left Without Documents To Defend: Calcutta High Court Directs Adjudicating Authority To First Decide Whether Complete 'Relied Upon Documents' Were Served In PMLA Proceedings Husband Who Took Voluntary Retirement at 47 Cannot Escape Maintenance Duty: Delhi High Court Upholds ₹10,000/Month to Wife and Daughter Cannot Claim Monopoly Over a Deity's Name: Gujarat High Court Dismisses Trademark Injunction Against 'Kshetrapal Construction' Eviction Appeal Cannot Require Actual Surrender Of Possession, Symbolic Possession Sufficient: J&K High Court Amendment Introducing Time-Barred Relief And Changing Nature Of Suit Cannot Be Allowed: Karnataka High Court Counter Claim Is An Independent Suit: MP High Court Rules Properties Beyond Territorial Jurisdiction Cannot Be Dragged Into Counter Claim Co-Sharer Cannot Be Bound By Passage Carved Out Without His Consent: Punjab & Haryana High Court Modifies Concurrent Decrees ‘Prima Facie True’ Is Enough to Deny Liberty: Punjab & Haryana High Court Refuses Bail in Babbar Khalsa Terror Conspiracy Case High Court Cannot Quash FIR for Forgery When Handwriting Expert's Report Is Still Awaited: Supreme Court Supreme Court Calls for Paternity Leave Law, Says Father's Absence in Child's Early Years Leaves a "Quiet Cost" That Lasts a Lifetime Three-Month Age Cap for Adoptive Mothers' Maternity Benefit Struck Down: Supreme Court Reads Down Section 60(4) of Social Security Code Bank Cannot Rely on Charter Party Agreement to Justify Remittance Contrary to Customer's Instructions: Supreme Court 19 Candidates Linked to Accused, Papers of Five Subjects Leaked: Allahabad High Court Upholds Cancellation of UP Assistant Professor Exam Result

No Prima Facie Offence Under Section 494 IPC As Allegation Of Second Marriage Lacks Corroborative Material – Allahabad High Court Quashes Summoning Order

07 May 2024 8:19 AM

By: Admin


The Allahabad High Court today quashed the summoning order against Nisha under Section 494 of the Indian Penal Code (IPC) concerning charges of bigamy, citing a lack of evidence on the solemnization of a valid second marriage. The decision, rendered by Hon’ble Dr. Gautam Chowdhary, J., in the case of Shubham Sharma vs. Nisha, stressed the necessity of proper ceremonial conduct to establish the legality of a marriage under Hindu rites, which was not satisfied in this instance.

The court highlighted that for an offence under Section 494 IPC to stand, the second marriage must be proven to have been solemnized validly during the subsistence of the first marriage. The court noted, “The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the said evidence is lacking in the present case.”

The revisionist, Nisha, was accused of entering a second marriage without dissolving her first marriage with Vijay Singh legally. However, it was contended that Nisha had already obtained a divorce decree before the alleged second marriage. The main issue arose around the authenticity and legality of the second marriage, which according to the complaints, lacked the necessary Hindu rites, particularly the ‘Saptapadi’ or the taking of seven steps, which is crucial for a marriage to be recognized under Hindu customs.

Validity of Marriage Ceremonies: The court observed that there was no substantial evidence to indicate that the second marriage was conducted following Hindu rituals that would make it valid under the law.

Absence of ‘Saptapadi’ Ceremony: Justice Chowdhary noted, “Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be ‘solemnized’.”

Quashing of Proceedings: Referencing several apex court precedents, the judgment emphasized the importance of not allowing the court’s process to be used for oblique purposes. The court found that the criminal proceedings initiated under Section 494 IPC were based on untenable complaints and lacked the prima facie merit required for continuation.

Decision of Judgement The court consequently quashed the summoning order concerning the offence under Section 494 IPC but allowed the criminal proceedings related to other charges under Sections 504 and 506 IPC to continue. This decision underscores the court’s approach in scrutinizing the fundamental elements of the alleged offences before allowing the prosecution to proceed.

Date of Decision : 25th April 2024

Shubham Sharma vs. Nisha

Latest Legal News