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(Guest)

A bigamist deserves the toughest punishment-supreme court

 

Bigamist deserves tough sentence: Supreme Court

SOURCEhttps://www.dnaindia.com/india/report_bigamist-deserves-tough-sentence-supreme-court_1568480


Sharing its concern with a woman who was lured to marriage by a man who had concealed his subsisting marriage, the Supreme Court has ruled that he is liable to face the criminal prosecution for committing bigamy, cheating and cruelty.

Moreover, it’s not the second woman alone who can file this complaint but the first “legally married” woman too is entitled to bring the legal machinery in action.

The court has also held that that the charge of cruelty can also be leveled by both the women against the same spouse. The court scrapped a judgment passed by the Andhra Pradesh High Court two years ago that allowed an accused police official’s law suit that his second wife could not complain of cruelty against him for she is not legally married and that the marriage could be nullified.

A. Subash Babu, who was married to Sharda and had two children from her, “concealed” this fact and married another woman. When she learnt about his first marriage, she filed a criminal complaint against him, accusing him of cheating, bigamy, fraud and cruelty.

A bench of Justice JM Panchal and Justice HL Gokhale held that a married man who by “passing himself off as unmarried” induces an innocent woman to become,as she thinks his wife,but in reality his mistress, “commits one of the grossest forms of frauds known to law”.There, he must be awarded severe punishment under section 495 which begins with the words “whoever commits the offence” of bigamy.

 

 

 


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 3 Replies

aatma   18 August 2011

Law and Court systems is only for...

Bigamy - Legal in India

Repost:

https://timesofindia.indiatimes.com/articleshow/msid-1513322,prtpage-1.cms

HYDERABAD/CHENNAI/BANGALORE: That engineer K Suryanarayana had two wives became public only after his murder in Afghanistan, but the revelation isn't surprising in Andhra Pradesh, indeed in most of south India.

In Tamil Nadu, bigamy is pretty much institutionalised and even has a name - Chinna veedu, which translates as 'small house' or second home. It is an age-old tradition surviving to this day despite its illegality. When DMK was in power in the state, security agencies had a tough time providing security to two houses for many ministers, as each of them had two wives.

Whether it was the late M G Ramachandran, or M Karunanidhi, they have all had it, and flaunted it. Karunanidhi has married at least three women, the first of whom is dead. 


The DMK chief now divides his time in the houses of both wives - spending mornings at the Gopalapuram residence with Dayaluammal while moving to the house of his other wife, Rajathiammal, at CIT Nagar in Chennai in the afternoons.

Another towering Tamil actor, Gemini Ganesan, married five times while his first wife was alive. The Chinna veedu concept is fairly common in Krishnagiri and Salem districts of TN, where males believe in more the merrier.

Actor-director K Bhagyaraj even made a Tamil movie called Chinna Veedu.

At least one top Union minister from Tamil Nadu is known to have two wives and so does a senior DMK official, who married his daughter's classmate. An academic said, "The social sanction for two wives can be traced to religion and mythology. Lord Muruga, for instance, had two wives." 


In Andhra, bigamy doesn't have the traditional sanction it enjoys in TN, but the practice is fairly widespread among the powerful and even a status symbol.

Saurabh..V (Law Consultant)     18 August 2011

Blame it on MEDIA for mis-quoting and actually incorrectly quoting court's decision. The words in news papers are totally in variance from the judgements and it not only creates confusion but also misguide the audience.

 

//peace

/Saurabh..V


(Guest)

Places where bigamy is a tradition is a differernt thing.

In Meghalaya the grooom goes to live in the brides house after marriage.In some tribes of Arunachal the groom and the bride allowed co habitation prior to marriage and if the bride able to give birth child then she is allowedmarry him formally or in some tribe the groom has to stay at the brides house and show his capability to work so that he can prove that he can take proper care of his wife after marriage.

These customs are not relevant in other parts of the country.So the customs of AP is relevant in other States Where bigamy is not allowed there the spouse gets a right to sue the other spouse.


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