Roshni B.. (For justice and dignity) 05 March 2011

Man marries for second time without divorce, sent to jail

IMPHAL:

The chief judicial magistrate (CJM), Imphal West, on Thursday sentenced a man to six months of imprisonment after finding him guilty of marrying for the second time without divorcing his first wife.

The chief judicial magistrate, S Imocha Singh also imposed a fine of Rs 10,000 on the accused, Kh Jaminikanta (39) from the Nongmaibung Pung Makhong area of Imphal.

A criminal case was filed by Priya (name changed), the first wife of the accused. Both of them are government employees.

After holding a trial, the CJM court on Monday established the man guilty of bigamy under Section 494 of the Indian Penal Code, said advocate M Ibotombi Sharma, who appeared on behalf of Priya.

"According to the Hindu Marriage Act, it is illegal for a man to get married for the second time without divorcing his first wife," the lawyer said.

Priya married Jaminikanta on March 1, 2002. The accused then entered into a second marriage with another woman othrough kanya katpa' form of customary marriage at a house at Singjamei Oinam Thingel here on July 27, 2005, in the presence of 40/50 people with a priest chanting mantras, sources said.

In its Monday verdict, the court ruled, "Since the prevailing custom of the Manipuri Hindus recognizes the kanya katpa' form of marriage, the sub-mission of the counsel for the accused person that solemnization of the alleged second marriage was not proved has fallen apart and is not accepted."