Can police arrest a man on charges of second marriage?
Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
Dear Experts,
A man married for the second time without the knowledge of first wife (without any proofs like Photo, registration). Can the police have any authority to arrest him on the basis of first wife's complaint?
One of my advocate friend told me in such case wife has to move court directly, police should not involve in it. But recently I read in newspaper, police arrest a man for second marriage based on first wife complaint.
Expecting views of honorable members.
ajay sethi
(Expert) 28 November 2011
if during susbsistence of first marriage husband marries second time first wife can lodge complaint against husband under section 494 of IPC .police can arrest the husband . the fact that second marriage has taken place ahs to be proved before court convicts him of offence of bigamy .
ajay sethi
(Expert) 28 November 2011
In Bhaurao Shankar Lokhande and another v. Slate of Maha- rashtra and another,(1) the question arose whether in a prosecution for bigamy under S. 494 I.P.C. it was necessary to establish that the second marriage had been duly performed in accordance with the essential religious rites applicable to the form of marriage gone through. The first appellant therein had been convicted for an offence under s.
494 I.P.C. for going through a marriage which was void by reason of its taking place during the life time of the previous wife. The said appellant contended that it was 'necessary for the prosecution to establish that the alleged second marriage had been duly performed in accordance with the essential religious rites. The State, on the other hand, contended that for the commission- of the offence under s. 494 I.P.C. it was not necessary that the second marriage should be a valid one and a person going through any form of marriage during the life time of the first wife would be guilty of the offence. This Court rejected the contention of the State and observed as follows :
"Prima facie the expression 'whoever.....
marries' must mean 'whoever .... marries validly' or whover ..... marries and whose marriage is a valid one.' If the marriage is not a valid one, according to, the law.
applicable to the parties, no question of its being void by reason of its taking place during the life time of the husband or wife of the person marrying arises. If the marriage is not a valid marriage, it is no marriage in the eye of law." Again in interpreting the word "solemnize" in S. 17 of the Act, it was stated :
"The word 'solemnize' means in connection with a marriage, 'to celebrate the marriage with proper ceremonies and in due form, according to the Shorter Oxford Dictionary. It follows, therefore, that unless the marriage is 'celebrated or performed with proper ceremonies and due form' it cannot be said to be 'solemnized'. It is therefore essential for the Purpose of S. 17 of the Act, that the marriage to which s. 494 I.P.C. applies on account of the provisions of the Act, should have been celebrated with Droper ceremonies and in due form. Merely going through certain ceremonies with the intention that the parties be taken to be married. will not make them ceremonies precribed by law or approved by any established custom." (1) [1965] 2 S.C.R. 837.
Rajeev Kumar
(Expert) 28 November 2011
Yes i do agree with experts
Shonee Kapoor
(Expert) 29 November 2011
Wait a minute, I disagree with experts.
This section is non-cognizable, bailable and compoundable, except in the state of AP.
The police can not arrest a person w/o the permission of the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 28 November 2011
